Article
Comment
Politics
3 min read

When tradition deserves a break

Upsetting a convention caused uproar, so is it right to break with tradition?
A robed and seated man, in a speaker's chair talks and gesticulates.
The House of Common's Speaker.
Parliament TV.

“Nearly a quarter of a century has passed since a speaker of the Commons stood down from its high chair with dignity and to applause.” Thus wrote Andrew Rawnsley in the Guardian this Sunday. Last week the House of Commons erupted. An unedifying lava-spew of recrimination and anger flowed through the corridors of power as the Speaker of the House, The Right Honourable Sir Lindsay Hoyle, broke parliamentary convention to the seeming benefit of the Labour Party. Memories of his predecessors’ playing fast-and-loose with Parliamentary procedure pushed buttons. The SNP’s Gaelic fury founded a flurry of calls for the Speaker to step-down, and it was not until he gave a near-tearful apology that some calm seemed to be restored. Opponents cried foul - ‘how dare he upend the conventions of the House!?’ - while supporters jumped to his aid - ‘he was just trying to protect MPs from further harassment over the Israel-Gaza debate!’ - and everyone was unhappy…  

The technicalities of this convention (that multiple amendments are not called upon for voting during an Opposition Day Debate) are less interesting to me than the fact that the convention exists. ‘Convention’ is another word for ‘tradition’. Traditions are important. Our famously ‘unwritten’ Constitution relies heavily on tradition, especially for the smooth running of Parliament. Rather than having the process of legislating and governing micro-managed with procedural minutiae, the Commons operate on the basis of nurturing and conforming to its traditions. In essence, the House of Commons operates on the basis of respect - by respecting the traditions of the House, Parliamentarians grow to respect each other as fellow followers of tradition. Exterior action builds-up interior disposition. Practice influences sentiment. 

At least, that’s my romantic take on it. Traditions give some coherence to a society - from the society of elected MPs right through the society of a nation - and allow it to flourish. Traditions bind people together. Traditions unite. You may come from a different part of the country than your neighbour, have different family values, have a different religion or skin-colour or education-level, etc…but you can be united in the traditions you follow. Whether it’s having a roast on a Sunday, going to a Carol Service in December, singing Three Lions in a World Cup year, the traditions you share despite all other differences give you a common cause with those around you. 

This is not to say that traditions can’t have a dark side. Some traditions can alienate guests. Some traditions can stifle creativity and innovation. Some traditions can be maintained purely to bamboozle the uninitiated for the benefit of those in the know. In extremis, some traditions can lead to groupthink, to the othering of those who don’t share them, to jingoism and hatred; St Paul wrote that it was the zeal for the traditions of his fathers than led him to persecute the first Christians. Traditions should never be taken for granted or left unexamined. Traditions are roses - beautiful and sweet-smelling, but always in need of pruning. But let the gardener prune carefully - you want some roses left for the garden. 

When the scribes and Pharisees try to trick and trap Jesus with impossible thought experiments, they often quote their traditions. Jesus always wins the debate. He wins in the face of their traditionalism. He wins by being a radical. RADICAL! His radicalism is not marked by the abandonment of the concept of tradition, but by deep respect for it. The Sermon on the Mount is probably the most famous speech about the importance of tradition - “You have heard that it was said to those of ancient times…But I say to you…” - keeping the traditions of God in the face of the self-serving traditions of men. The scribes and the Pharisees are the White Witch to Jesus’ Aslan: ‘“It means,” said Aslan, “that though the Witch knew the Deep Magic, there is a magic deeper still which she did not know. Her knowledge goes back only to the dawn of time.”’ 

Not every critic last week will have genuinely cared about the traditions of the House of Commons. Many will have mouthed the words but would have happily stood by if the breaking of convention benefited them. Nevertheless, we must take tradition, and it’s breaking, seriously. Traditions nurtures the relationships of MPs. Traditions nurture the relationships of neighbours and fellow citizens. Traditions nurture relationship with God, as the traditional rhythms of religious practice and Church seasons help order prayer and worship. Perhaps we’ll look back on the upturning of this particular Commons tradition and recognise it as the right rejection of an outdated convention…but let's be cautious. Traditions are important. Break them with care. 

Article
Comment
Conspiracy theory
Freedom
Justice
4 min read

Why free speech might just need a crime of passion defence

Horrific crimes against our humanity tell us we must protect our freedoms, not constrict them.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A protester stands with back to the camera, his baseball hat is turned backwards, it reads 'freedom'.
Gayatri Malhotra on Unsplash.

One of the silliest legal defences ever must be the “crime of passion”. Or crime passionnel, as the French knew it for centuries, which should really appear on a menu as one of those haute cuisine desserts they so adore, featuring poached passion fruits in Chantilly sauce: “Non, garcon, tenez-vous la Crepe Suzette. Aujourd’hui je voudrai la crème passionel, s’il vous plait. Et vite – ma femme arrive bientot.”

But to digress in a first paragraph is a crime journalaise, which incidentally is a piece of Franglais that should apply to everything in Le Figaro. So back to crimes of passion. The idea was that an act of spousal infidelity could arouse such a passionate rage that the romantic interloper deserved what they got. First-degree murder could be downgraded to manslaughter, because obviously there can be no malice aforethought in the heats of passion. 

The crime of passion’s bastard offspring is the “gay panic defense”. Note the tell-tale “s” there (though, breathtakingly, interpretations of this defence remain available in both the UK and the US). It runs that a defendant may allege to have found a same-sex sexual advance so offensive or frightening that they were provoked into murdering or otherwise injuring their alleged seducer. Victim-blaming or what?  

Anyway, we might want to dust off crime of passion defences because a leaked report from the Home Office suggests that the definition of extremism in law could be extended to cover “extreme misogyny”, “environmental extremism”, “left-wing, anarchist and single-issue extremism” (it even has its own acronym, LASI) and “conspiracy theories”. 

Now, I’m all for catching misogyny before anyone gets hurt, but all these things are covered by existing laws. And some of them are just plain bonkers. Were I to be charged with holding an extremist environmental opinion or an extreme left-wing, anarchist or single-issue view, I think I’d want to say that it was a crime of passion.  

By which I would mean that there was no malice aforethought because I was acting in the heats of passion for my cause at a time when my balance of mind was impaired. Otherwise, I could get nicked for simply thinking or saying something. Sticks and stones and all that.

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things.

To adopt Serious Face for a moment, I’m aware that hate crimes are a very big thing indeed. How could it be otherwise when we’ve just commemorated Holocaust Memorial Day. And we’ve also the other week had the sentencing of someone – I wouldn’t even spellcheck his name – for the murder of three little girls in Southport. 

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things. Our concentration should be on that prevention, not the forbidding of attitudes that might (but probably won’t in the vast majority of cases) lead to a violent crime. 

Don’t get me started on Non-Crime Hate Incidents (NCHIs). Oh, you just did. Telegraph columnist Allison Pearson was visited by police last Remembrance Sunday and, surprisingly for someone who has built a career on telling snowflakes to grow a spine, came over all oppressed and persecuted. They were following up a photo she’d posted, claiming it was of Metropolitan Police posing with what she called “Jew-haters” at a London rally in support of Palestine. 

In reality, the photo was taken in Manchester and featured Pakistanis, not Palestinians. There was a clue in their flag having “Pakistan” written on it. But that makes her not a very good journalist. Not a bad, far less a criminal, person. 

A saying usually ascribed to St Augustine, in one of his letters, is that we are to “hate the sin and love the sinner”. Similarly, we must try to hate the crime, but love the criminal. That must remain humanly impossible for the crimes already mentioned in this column. (Though, astonishingly, history records some Jews finding it in their hearts to forgive their Nazi persecutors). 

But we acknowledge that this is where the gospel bar is set. We’re to love our enemies, even if we don’t like them and we condemn their actions. In practice, that means preventing crime in law and holding perpetrators to justice. What it does not mean is going after people who say hateful and stupid things, while other people are actually doing hateful things. The former may and should be about sound intelligence gathering; the latter is effective policing. 

This principle is rooted in our culture, founded on the golden rule of loving our enemies and our neighbours as ourselves. There’s always room for forgiveness as well as justice, as crimes of passion demonstrate.  

And if that sounds recklessly self-sacrificial, we might look at the Passion of Christ and the crimes of passion that were committed during it. As he said himself, tout est accompli.  

 

* "No, boy, hold the Crêpe Suzette. Today I would like the passion cream, please. And quickly – my wife is coming soon." 

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