Behind Bars

Prisons are an odd thing in modern democracy; in some ways the pillar of our justice system, a testament to a way of doing things that means we can endeavour to transform criminals into productive members of society and a way of punishment that allows us to hold the moral high ground over serious criminals to whom we do not do the whole ‘eye for an eye’ thing. But on the other hand it is, when you think about it, a somewhat barbaric practice; to take a fellow human being, another person born free and equal, and to take away not only their freedom for the immediate future, but in some respects their equality for as long as their criminal record lasts. If crime is a contentious issue, then ideas concerning punishment are even more controversial.

The idea of imprisonment was invented less as a tool of justice and more one of political convenience; whilst an opposing warlord is locked up, he can’t orchestrate a war or rebellion (as I have found out whilst playing Crusader Kings II). Indeed, throughout medieval times, common criminals were never punished by imprisonment; they were either fined, had body parts (usually hands) removed, or were executed (usually by hanging; the chopping block was for noblemen right up until the guillotine, which was a great social leveller when it came to execution). Locking someone up meant they needed feeding and housing, which was only really worth the cost for noblemen who one could ransom. It was also considered somewhat dishonourable to kill noblemen in most cases, even more so the higher rank they were; indeed, there was much outrage when Oliver Cromwell ordered King Charles I executed despite the fact that he had been convicted of treason and was highly unpopular (as well as, by all accounts, something of an arsehole).

Quite a good way of tracking the history of imprisonment as a punishment is to study the history of the Bastille in Paris; a fortress built in the 1300s, it was first declared a state prison in 1417. Originally, it held whichever landed gentry and noblemen had pissed of King Louis the Whicheverwasinpoweratthetime, but over time this role changed, and the commoners started to find their way in too. This was fuelled by the fact that people often got very angry at seeing certain types of often petty criminals, many of whom were barely out of childhood, getting strung up on a gibbet, and riots were generally things to be avoided. Particular bones of contention concerned those who had Things To Say about the French monarchy and government (especially once the state tried to censor the material spewing from the newly invented printing press), and people whose religious alignment disagreed with whoever was in power, but would certainly agree with large sectors of the mob. To try and placate the populace, therefore, the Bastille began to take on more  prisoners who the ruling classes felt would cause… a disturbance were they to be publicly hanged. Increasingly, the Bastille began to be used as a place to hide away those who had spoken out against or in some way fought against the state (whose death would really infuriate the mob), and the prison increasingly became a bone of resentment, a symbol of the stranglehold those in power had over their subjects. As such, it was a natural target for rioters when the French Revolution broke out in 1789, and Bastille Day (14th of July) is still a national holiday in France.

The chaos following the French revolution and the social upheaval of the next few centuries did change the balance of power and the role of imprisonment within society; it was the punishment of choice for many crimes, the old days of hacking a thief’s hand off gone, and execution was now the reserve of the kind of people who the public felt deserved it. However, right up until the Second World War, the justice system was brutal in a lot of countries; dungeons were generally small, packed with poorly-fed prisoners and infested with disease or rats, and many countries still operated forced labour camps and penal colonies. There were two reasons for this; firstly, prisoners were still expensive to maintain and were not seen as worth expending any great effort for, so any way the state could get some use out of them was seen as all well and good. The other reason concerned the role that prison had to play. Imprisonment was in those days (as today) to prevent criminals from committing more crimes, to punish them for the crimes they had committed and to scare others into not performing the scare crimes; but what wouldn’t come along until much later was the idea of rehabilitation. Our modern justice system is such that almost every criminal, regardless of their crime, will return to the outside world one day, and we can all agree that it would be preferable for everyone if, upon said return, they didn’t commit any more crimes. Trouble is, prison does not do that role any favours; by simply throwing someone in a grotty cell for several years, all you are likely to build in them is resentment against you and the system, and since human beings are remarkably stubborn people, this is likely to lead to re-offending. We have also come to realise that prison on its own is frequently ineffective as a deterrent for serial criminals, who are generally less sorrowful about committing their crimes as they are about getting caught. Once released, they are most likely to just go right on with their old life, the life that was exciting and (in some cases) profitable to them before the law caught up with them. And then, of course, there’s the problem posed by a criminal record, making people far less able to find work and often forcing them back to crime just to keep their head above water. This has given rise to the fourth role played by the modern prison and justice system; that of rehabilitation.

I am no legal expert, nor have I ever spent time in prison, so I am undoubtedly underqualified to talk at length about how comfortable prisons ‘should’ be, the correct way to treat prisoners, how to correctly implement the role of rehabilitation, etc. But I think we can all accept that the role of the justice system nowadays is, primarily, to reduce the amount of crime in this world, and unfortunately, bars and guards ain’t gonna cut it on their own. And we must also remember that, whatever they may have done, prisoners are people too. They still have rights, they still deserve at least some respect; many are victims of circumstance as much as anything else. And in any case, there’s a reason that we don’t hang prisoners any more; because our moral code must be stronger than that of a murderer, because we must show at least a modicum of love to those who would give us none, because we must be better, nobler people than they.

A Brief History of Copyright

Yeah, sorry to be returning to this topic yet again, I am perfectly aware that I am probably going to be repeating an awful lot of stuff that either a) I’ve said already or b) you already know. Nonetheless, having spent a frustrating amount of time in recent weeks getting very annoyed at clever people saying stupid things, I feel the need to inform the world if only to satisfy my own simmering anger at something really not worth getting angry about. So:

Over the past year or so, the rise of a whole host of FLLAs (Four Letter Legal Acronyms) from SOPA to ACTA has, as I have previously documented, sent the internet and the world at large in to paroxysms of mayhem at the very idea that Google might break and/or they would have to pay to watch the latest Marvel film. Naturally, they also provoked a lot of debate, ranging in intelligence from intellectual to average denizen of the web, on the subject of copyright and copyright law. I personally think that the best way to understand anything is to try and understand exactly why and how stuff came to exist in the first place, so today I present a historical analysis of copyright law and how it came into being.

Let us travel back in time, back to our stereotypical club-wielding tribe of stone age human. Back then, the leader not only controlled and lead the tribe, but ensured that every facet of it worked to increase his and everyone else’s chance of survival, and chance of ensuring that the next meal would be coming along. In short, what was good for the tribe was good for the people in it. If anyone came up with a new idea or technological innovation, such as a shield for example, this design would also be appropriated and used for the good of the tribe. You worked for the tribe, and in return the tribe gave you protection, help gathering food and such and, through your collective efforts, you stayed alive. Everybody wins.

However, over time the tribes began to get bigger. One tribe would conquer their neighbours, gaining more power and thus enabling them to take on bigger, larger, more powerful tribes and absorb them too. Gradually, territories, nations and empires form, and what was once a small group in which everyone knew everyone else became a far larger organisation. The problem as things get bigger is that what’s good for a country starts to not necessarily become as good for the individual. As a tribe gets larger, the individual becomes more independent of the motions of his leader, to the point at which the knowledge that you have helped the security of your tribe does not bear a direct connection to the availability of your next meal- especially if the tribe adopts a capitalist model of ‘get yer own food’ (as opposed to a more communist one of ‘hunters pool your resources and share between everyone’ as is common in a very small-scale situation when it is easy to organise). In this scenario, sharing an innovation for ‘the good of the tribe’ has far less of a tangible benefit for the individual.

Historically, this rarely proved to be much of a problem- the only people with the time and resources to invest in discovering or producing something new were the church, who generally shared between themselves knowledge that would have been useless to the illiterate majority anyway, and those working for the monarchy or nobility, who were the bosses anyway. However, with the invention of the printing press around the start of the 16th century, this all changed. Public literacy was on the up and the press now meant that anyone (well, anyone rich enough to afford the printers’ fees)  could publish books and information on a grand scale. Whilst previously the copying of a book required many man-hours of labour from a skilled scribe, who were rare, expensive and carefully controlled, now the process was quick, easy and available. The impact of the printing press was made all the greater by the social change of the few hundred years between the Renaissance and today, as the establishment of a less feudal and more merit-based social system, with proper professions springing up as opposed to general peasantry, meaning that more people had the money to afford such publishing, preventing the use of the press being restricted solely to the nobility.

What all this meant was that more and more normal (at least, relatively normal) people could begin contributing ideas to society- but they weren’t about to give them up to their ruler ‘for the good of the tribe’. They wanted payment, compensation for their work, a financial acknowledgement of the hours they’d put in to try and make the world a better place and an encouragement for others to follow in their footsteps. So they sold their work, as was their due. However, selling a book, which basically only contains information, is not like selling something physical, like food. All the value is contained in the words, not the paper, meaning that somebody else with access to a printing press could also make money from the work you put in by running of copies of your book on their machine, meaning they were profiting from your work. This can significantly cut or even (if the other salesman is rich and can afford to undercut your prices) nullify any profits you stand to make from the publication of your work, discouraging you from putting the work in in the first place.

Now, even the most draconian of governments can recognise that your citizens producing material that could not only benefit your nation’s happiness but also potentially have great material use is a valuable potential resource, and that they should be doing what they can to promote the production of that material, if only to save having to put in the large investment of time and resources themselves. So, it makes sense to encourage the production of this material, by ensuring that people have a financial incentive to do it. This must involve protecting them from touts attempting to copy their work, and hence we arrive at the principle of copyright: that a person responsible for the creation of a work of art, literature, film or music, or who is responsible for some form of technological innovation, should have legal control over the release & sale of that work for at least a set period of time. And here, as I will explain next time, things start to get complicated…