1.1.19

79. Observation (41-60)

60. Open Source

Observation OSC (Our Singapore Conversation) could be open source government. The owner's case could be discussed under the topics meritocracy, morality or happiness. It could focus on what is to be done, otherwise the case could be refuted.

Since Jun '07 when the problem started, there is official silence. There is, however, general support from viewers and indirect references in the media after he started blogging.

Public Service (48), Open Access (49) and Openness (50) are on democratic renewal, the commons and ethical judgment respectively.

Postings after Standpoint (34), which were held back because noise from the neighbour went down, were posted after the owner sold his flat. If the postings strike a chord, please give your comment.

59. Anonymity

Observation Without a free press or a lively online community who speaks for the public? A problem was allowed to continue for five years when its cause was clearly stated. The removal of the officers would have shown to the general public something was done, but the general public was kept out. The problem was posed to high officials and ordinary citizens for their consideration in Petition (17) and Citizen (32) respectively.

The owner's contact with the press and online community: Item 11 and note in Officers (3), Item 7 in Pervasive Case (5), Item 8j in Civics (10), Item 14o in Comment (14), Item 4l and 4m in Petition (17). While Item 8 in Petition (17) and Item 5 in Principle (47) refer to the use of ties to hurt and the small number of viewers to his blog respectively.

Anonymity is necessary when there is repression. An anonymous voice could be neutral by displaying considered opinion and leave the public to decide.
  
58. Popular Culture

Observation "...an understanding of the ways that people have developed for meeting their needs and desires within the system that seeks ultimately to channel and control rather than satisfy them."

Non-action by the authorities: Item 8 in Short Version (2), Item 11 and 12 in Pervasive Case (5), Item 4 and 5 in Plea (7), Item 1 and 2 in Record (8), Item 10 in Civics (10), Item 5 in Evidence (21), Item 9 in Citizen (32), Item 10 in Principle (47).

At issues are the facts stated in Case (19), Evidence (21), Proving (24), By-Election (33) and Standpoint (34).
 
An arrangement between officers and neighbour allows the neighbour to work in their flat. The-people-in-the-flat-across-the-neighbour is stationed to protect the neighbour. They retaliated with loud noise when the owner complained.

No one investigates because HBO (Head, Pasir Ris HDB Branch Office) has strong connection in the administration. If action were taken only to stop the neighbour, they would have addressed the issue. They did nothing because any action could be seen as a sign of disloyalty.

The public service is partial and the government is not prepared to take action. Centralised control and personal influence could be the reason. If it is true of the public service, what about the armed forces? A measure could be taken of our experience with the Civil Service and National Service.

57. Ideas

Observation "At the cognitive level ideas are descriptions and theoretical analyses that specify cause-and-effect relationships, whereas at the normative level ideas consist of values, attitudes, and identities. In this sense, cognitive ideas are outcome oriented, but normative ideas are not."

Cognitive ideas are quotes in Deliberation (37), Switch (38), Morality (39) and Meritocracy (41). Normative ideas are quotes in Citizen (32), Elites (42), Openness (50) and Empathy (63).

Other cognitive ideas are quotes in Quote (20), Committee (27), Dissent (30), Conflict (43) and Rights (61). If these are to be adopted, it need Doer. The Doer would be the elephant mentioned in The Righteous Mind and Switch.

Other normative ideas are at Behaviour (23), Argument (44) and Perspective (45). The number of viewers doubled when Behaviour (23) was posted.

Posts under Pronouncement in Category (80) include what was said by our leaders.

56. Character

Observation The government professes meritocracy, but there is favouritism. The owner's case is an example. Officers and a network of contacts protected the neighbour. Noise came down only after many postings over many years in the owner's blog. It was not through any overt action by the authorities. The general public do not get to know about it because of censorship.  

No matter how many times the owner complained, the authorities would not engage him. To do so would be to admit a problem. To them the problem is contained, and the owner would know his effort is useless.

Therefore the owner blogs to reach as many people as possible. It is a long shot. Should his case be mentioned in an election, a lost in the poll would show dissatisfaction.

Proving (24) shows proof of the case. Punggol East (35) and Corruption (66) are on checking government. Case (19) and Help (69) are attempt to involve the public.  

55. Ruler

Observation "...requires us to step...into a more precise world of self-interested thinking." and "...the winning coalition extends only to those essential supporters without whom the leader would be finished."

The owner was left to cope with the noise from the neighbour who were kept informed by officers. Officers' misconduct were ignored.

Item 9, 11,12 and 13 in Neighbour (4) show the neighbour is part of a larger operation. Item 4g in Evidence (21) is on an extensive network of contacts used to protect the neighbour. Justice (18) to Proving (24) ask the government to conduct an inquiry each time.

All postings are an appeal to the authorities. Ombudsman (29) is an appeal to the highest office in the land. It would appear the problem is never going to be resolved.

Item 10 in Behaviour (23) is on political culture and the last four paragraphs of We're With Nobody in Character (56) is on allegiances.

54. Hierarchy

Observation "Although there is a tendency to conflate hierarchy with control, the very act of delegation brings a measure of control loss or opportunistic behavior to all forms of hierarchy."

HBO (Head, Pasir Ris HDB Branch Office) exceeded his authority when he persisted in giving reply to letters the MPs intended for HDB. He was able to do so because of his connection in the administration. Since '08, HDB has been unable to deal with the issue of wrongdoing at its Branch Office.

With this in mind, the owner wrote Authority (16) to the Public Service Commission. Posts under Complaint in Category (80) are to the various authorities including the President.

Principle (47) lists what HBO could be held accountable for.

53. Iron Cage

Observation "Never-ending 'struggle to control'" and "deadening and secretive hand of bureaucratic power" sum it up.

Item 5 in Comment (14) is on the extent of the problem. The owner has either to sell his flat or cope with the noise. Officers' misbehaviour is not in question.

It is difficult to believe the government could not stop the collaboration between officers and the neighbour. The President, Ministers and Head, Civil Service, were informed. If what the owner wrote were true, HDB could either terminate the neighbour's lease or remove the officers involved to resolve the problem. To the owner, the closest to a reply was the news item in News (31). In it the Minister-in-Charge of Civil Service and Head, Civil Service, spoke of issue not falling within neat domain and of issue not falling neatly into any one agency's work respectively.

Behaviour (23) and Proving (24) are the issues. Overview (28) gives an outline of the case.

52. Liberty

Observation The words that stand out are 'art of separation', between 'citizen' and 'man', between 'public' and 'private' and between 'personal' and 'impersonal'; and "The law alone, however, was not enough to detach political administration from 'personal' ideals and loyalties".

The neighbour has a relationship with officers going back more than a decade that allows them to carry on working in the flat.

Officers station the-people-in-the-flat-across-the-neighbour to protect the neighbour. A Community Centre member who is in contact with the-people-in-the-flat-across-the-neighbour indicated to the owner he had to bear with the noise from the neighbour.

HBO (Head, Pasir Ris HDB Branch Office) not only withhold information but also has the power to influence others. He made the same replies to refer the owner to other government agencies, including Community Mediation Centre, and to engage his solicitors. Although MPs wrote to HDB on behalf of the owner, it seemed HBO's replies were all that matter because he cannot be bypassed.

HDB has been quiet because their hands are tied. Insiders support the owner. A case for whistleblowing is make in Dissent (30).

The following posts point to a solution--Committee (27): inquiry by ethics committee; Ombudsman (29): official empowered to investigate; Deliberation (37): devising a system of shame and punishment; and Tolerance (46): being able to offend and thereby move debate forward.

National Day (36), Parkinson (40) and Meritocracy (41) indicate the problem.


51. Civil Societies

Observation

http://reports.weforum.org/global-risks-2017/part-2-social-and-political-challenges/2-2-fraying-rule-of-law-and-declining-civic-freedoms-citizens-and-civic-space-at-risk/?doing_wp_cron=1523538026.9695880413055419921875

Part 2 - Social and Political Challenges:

2.2 Fraying Rule of Law and Declining Civic Freedoms: Citizens and Civic Space at Risk

Over the past 10 years, multiple sources from within and outside the civil society sector have pointed to deteriorating rule of law and declining respect for basic civil and political rights at the global level. New regulations and restrictions are ostensibly intended to protect against increased security threats, but potentially threaten the existence of an open and free society and the stability of the environment in which businesses invest and operate.

Civil society actors have historically been integral to driving progress and innovation in the political, social and economic spheres – by advancing human rights, the rule of law and sustainable development – and they are currently at the forefront of efforts to tackle global challenges such as the migration crisis, implementing the United Nations’ Sustainable Development Goals (SDGs), and promoting transparent governance. Closing space for civil society reduces the chances that these challenges will be effectively addressed.

This chapter will explain the current challenges of a closing space for civic freedoms and solid rule of law, casting a light on the triggers and contextual factors that are contributing to the phenomenon. A separate focus on the implications for businesses and society at large is also provided to highlight the medium-to-long term impact of this trend and the issues at stake in the global context of a fraying rule of law.

51. Parliament

Observation


Part of the letter to PM after a Meet-the-People Session at Pasir Ris West:


Submission of Documents to Parliament

8. I attached my letter Parliamentary Select Committee / Presidential Commission of Inquiry that I handed to Mr Teo on 27 Apr 18. Parliament is the place I could bring up and it is only with the documents that there could be a proceeding. All government departments I corresponded with did not address issues that were brought up. 


9. Could I attend your Meet-the-People Session to pass the 7 sets of document to you or an appointed person?


51. Big Picture


Observation

1. Blurb to The Big Picture, “Carroll shows how an avalanche of discoveries in the past few hundred years has changed our world and what really matters to us. Our lives are dwarfed like never before by the immensity of space and time, but they are redeemed by our capacity to comprehend it and give it meaning.”

2. The Big Picture Sean Carroll

The constructivist answers that just because moral rules are invented by human beings, that doesn’t make them any less real. The rules of basketball are also invented by human beings, but once invented they really exist. People even argue over what the “right” rules should be. When James Naismith invented the game, the ball was thrown into peach baskets, and had to be retrieved by hand each time a shot was made. Only later did they realize that the game would be improved by replacing the basket with a hoop. That made the game “better,” in the sense that it did a better job at fulfilling its purpose as a game. The rules of basketball aren’t objectively defined, waiting out there in the universe to be discovered; but they aren’t arbitrary either. Morality is like that: we invent the rules, but we invent them for sensible purposes.

3. The followings are a total of 74 posts with extracts from books and articles on moral reasoning: 


Justice (18), Case (19), Quote (20), Behaviour (23), Non-Negotiable (25), Ancient Thought (25), Enlightenment (25), Right Men (25), Feud (25), Gene (25), Civil Service (25), Reserved Presidency (25), Committee (27), Tradition (27), Dissent (30), Citizen (32), Deliberation (37), Switch (38), Morality (39), Parkinson (40), Meritocracy (41), Elites (42), Conflict (43), Argument (44), Perspective (45), Tolerance (46), Public Service (48), Open Access (49), Governance (51), Openness (50), Lawsuit (50), Frontier (50), Criticism (50), Foolproof (50), Legal Reasoning (50),
 Biology (50), Humans 3.0 (51), Attorney-General (51), Big Picture (51), Liberty (52), Iron Cage (53), Hierarchy (55), Ruler (55), Character (56), Ideas (57), Popular Culture (58), Anonymity (59), Open Source (60), Rights (61), Abuse (61), Constitution (61), Madame Bovary (61), Amos Yee (61), Human Rights (61), Democracy (61), Rule of Law 2 (61), Rule of Law (61), Diplomat (62), Empathy (63), Wisdom (64), Moral Hazard (65), Corruption (66), Singapore (67), Cities (68), Endgame (71), Cool (71), Wealthy Families (71), Bully (71), Government (71), Environment (71), Catherine Lim (73), Ground Rules (74), Change Problems (75), Leadership (76).


4. Please refer to Observation (79) for some main points from injustice to workings of government.

5. All postings serve as a comment on the complaint that started with the neighbour and officers of Pasir Ris HDB Branch Office and, during and after he sold his flat, with officers from various government agencies.

51. Attorney-General

Observation

1. The article by Walter Woon has him thinking the Attorney-General as only public prosecutor could be independent.

“The next question is: Who should appoint the Attorney-General? At present, the Constitution provides that the Attorney-General is appointed by the President on the advice of the Prime Minister. The President does not have to accept the Prime Minister's advice, which is the major safeguard against blatant abuse by appointing a political hack to the post.

Since the President has an independent mandate from the people and constitutional discretion, he (or she) should be the one to make the decision, ideally in consultation with the Chief Justice and the incumbent Attorney-General. This will ensure that, optically, the Attorney-General is not seen to be a political creature of the ruling party.”

2. However, https://yawningbread.wordpress.com/2017/10/01/two-chairs-will-solve-the-problem-or-will-it/#more-12208, has countered.

“Woon is making a mistake that is all too common in Singapore: reading too much substance from form. It is a mistake much relied upon by the ruling party and our government. When a problem or neglect is brought to light, the response is to point to something textual in our laws or regulations and say it has been addressed.

That which ought to be is thus conveniently confused with what is.

In truth, substance is only realised with practice and within the possibilities of the environment. Just because Article 22(1) says the President may refuse a recommended appointment of an Attorney-General or revoke that appointment does not mean that we the citizens can rely on whichever puppet is in the Istana to do just that. The environment — the way such State positions are filled by persons drawn from the same inbred elite, with similar worldviews and ideological leanings, and with the certainty of life in the political and economic wilderness should one defy the party overlords — does not permit the possibility.

It gets worse. Woon repeats the old saw that the President has an independent mandate (see above extract). No one who has noticed the chicanery surrounding ‘elections’ to that post should want to disgrace himself by saying so.”

3. In his case, the Singapore Police Force and Corrupt Practices Investigation Bureau did not investigate the neighbour’s transfer of ownership of the HDB flat were between parties carrying on the same trade and the people stationed in the flat across the neighbour’s flat were employed to protect them.

Public (11) Item 6 showed how he came to know about the neighbour’s transfer of the flat. In Standpoint (34) Item 16 and Comment (14) Item 4e and Item 8, the police stated they "were unable to find evidence of alleged noise or criminal offence" that only referred to the neighbour. The crucial evidence was the-people-in-the-flat-across-the-neighbour mentioned in his letters, yet they did not investigate.

In CPIB (78), his letters to CPIB explained there was malice and corruption while the officer replied each time that the letters had “not disclose an offence of corruption”. There were facts and documents that required checking but
 the officer would not refer to his superior when requested.

4. CPF would not reply as to why the refund to CPF Account was not allowed after he sold his flat and the two mistakes in CPF Life that reduced his payout at age 65 without any concurrent benefit.

In CPF Life (78), Item 9 and 7 are letters to CPF explaining the issues. 


Notes: 1) His CPF Life is without bequest, which means the principal cannot be returned if death occurred at any time even before the first payout. 2) All things being equal a lump sum paid for an annuity nearer the end of life gives a higher monthly payout because there are lesser months to divide into.

5. There were other issues where he was blocked. Shouldn’t our leaders resolve it as a matter of public interest?


51. Humans 3.0


Observation


Humans 3.0  The Upgrading of the Species


Yet the scientific evidence linking greed to a biological imperative is scant, which means it’s largely a socialized condition. In other words, we aren’t born with greed, we learn it. In Nonzero: The Logic of Human Destiny, journalist Robert Wright argues that history has been the story of people increasingly learning that selfless cooperation is the best way to get what they selfishly want….Globalization has “been in the cards not just since the invention of the telegraph or the steamship, or even the written word or the wheel, but since the invention of life,” says Wright. “All along, the relentless logic of non-zero-sumness has been pointing toward this age in which relations among nations are growing more non-zero-sum year by year.”


The opposite of greed, altruism, may in fact be a biological imperative not just for humans, but for all organisms….Countless other examples of selflessness permeate daily life, despite the well-publicized stories of shameless greed and corruption.


The concept is known as kin selection, sometimes referred to as Hamilton’s Rule for W.D. Hamilton, the evolutionary biologist who popularized it in the sixties. The mathematical explanation is complicated, but he theorized that humans perform altruistic acts if they can identify a kinship with their beneficiary….Researchers proved Hamilton’s Rule in 2010 when they found that red squirrels in the Yukon often adopted the orphaned offspring of their relatives, but not those of nonrelatives. “By focusing on adoption in an asocial species, our study provides a clear test of Hamilton’s Rule that explains the persistence of occasional altruism in a natural mammal population,” the researchers wrote.


Even non-organics impulsively come to understand the benefits of cooperation and altruism. Swiss researchers conducted an experiment in biological evolution in 2011 that found swarms of tiny robots naturally gravitated toward this kind of behavior. The sugar-cube-sized robots began as directionless entities wandering aimlessly into walls. They eventually evolved into foragers that collected little tokens representing food, which the scientists expected. What surprised them, however, is that the machines continued to evolve to the point where they helped one another. One experiment featured large tokens that only several robots together could push, and, without that specific programming, the machines naturally cooperated to do just that. The scientists concluded that altruism “should only evolve among related individuals, and this is also what has been found in a wide range of organisms, ranging from bacteria to social insects and social vertebrates.”

51. Governance

Observation "...external accountability...With respect to bureaux, they are subject to external reviews by many mechanisms...All elements of the government are in general open to press investigations and media exposure..."

HBO (Head, Pasir Ris HDB Branch Office) replied to the owner when MPs wrote to HDB on behalf of the owner. Later, because the complaint involved HBO, the owner wrote to the higher authorities including the President. A month after the presidential election, he wrote a second time to the Presidency and it was followed by a lessening of noise. This was in Sep 11 and the email is President (26).

It took the owner four years, of which he blogged the last two, before officers and the neighbour decided to reduce noise. The problem remains unresolved.

The press, or the media, could only refer to the problem indirectly.

Elites (42) is on the worst aspect of meritocracy. Recommendations in Report (1) and Item 3 in Integrity (25) request that the officers be removed. Item 4f,4g,4h and 4i in Discovery (9) make clear what the stationing of the-people-in-the-flat-across-the-neighbour is about.


50. Biology

Observation


Natural-born existentialists Ethics cannot be based on human nature because, as evolutionary biology tells us, there is no such thing.

Ronnie de Sousa

Nature, Mr Allnut, is what we were put in the world to rise above.

Katherine Hepburn to Humphrey Bogart in African Queen (1951)

Our nature arises from our choices. It is enabled, but not determined, by biology

These new possibilities and the choices we make among them define who we are. And that is the core idea of existentialism as articulated by Jean-Paul Sartre in 1946 – the doctrine that for humans alone, existence precedes essence: that who we are is determined by our choices, not the other way round. Because our values have arisen in a process of debate, inference and generalisation, they are no longer even distant consequences of our basic needs. Our nature arises from choices that were not determined by our biological make-up. It is enabled, but not determined, by biology.

That holds for us both as a species and as individuals. As individuals, we each face, at every turn, the options that result, in part, from previous choices, both our own and those of our predecessors in the human experiment. But there is no predicting where those choices might lead as we talk ourselves into them. As a species, we are part of a lineage in which a large number of crucial transitions, brought about by chance in this one lineage but not others, have enabled new possibilities. As individuals, many of those possibilities have been spurred by the urge both to imitate and to ‘reform and innovate’. And among those, it is up to each of us to make still new choices. If there is a human nature, it is created as much as it is found.

The unpredictable character of human nature is all the more apparent when we confront what might in retrospect look like yet one more major transition: the advent of technology, and especially the creation of the world wide web. Given that unpredictability, we cannot be sure that the existence of the web will not end up limiting our choices rather than enhancing them in some ways that we can only begin to glimpse. But even if that happens, those choices will be ones that no pre-existing conception of human nature will have dictated.

What biology teaches us about human nature is that, in a very real sense, there is no such thing as human nature. The only coherent attitude to that fact is that of the existentialist: if there is any guidance to be found in nature, it is that there is nothing there to follow. Instead, we should aspire to create it.

50. Legal Reasoning


Observation


The legal imagination
Hypotheticals, fantastical beings, and a fictional omnibus: legal reasoning is made supple by its use of the imagination

Maksymilian Del Mar

Legal reasoning has at least four imaginative abilities at its disposal. The first is supposing: pretending that something is the case when you know or suspect that it’s not. Judges have been doing this sort of ‘as-if’ style of imagining for thousands of years. Courts in ancient Rome frequently used a mechanism known as fictio civitatis, the fiction of citizenship, which let authorities rule on the behaviour of ‘aliens’ as if they were Romans. As Gaius, a celebrated jurist in the second century CE, said:

If it appears that a golden cup has been stolen from Lucius Titius by Dio the son of Hermaeus or by his aid and counsel, on which account, if he were a Roman citizen, he would be bound to compound for the wrong as a thief
Legal thinking also draws on the imagination by setting up surprising, unexpected relations. This technique takes our conventional associations and then disturbs them; in doing so, it makes the familiar strange. It was used to powerful effect in Edwards v Canada (AG) (1930), a landmark case in which a British court ruled that women were finally considered ‘persons’ under the Canadian constitution, and so were permitted to stand for the parliament.

To justify this decision, Lord Sankey likened the constitution to a ‘living tree capable of growth and expansion within its natural limits’ – a metaphor that spread to other jurisdictions, and remains influential to this day.

Metaphors rely on establishing a relationship between images, and introduce a third kind of legal imagining: image-making. Images are everywhere in the law. The use of precedent from past cases is a form of image-making, since it involves the court constructing a narrative pattern of facts in a way that groups and re-groups past cases in light of the new, present circumstances. Imagery is often conjured in the margins of judgments – in the passing commentary that judges provide, known as the obiter dictum, rather than in the hard-nosed reasons that they give for their decisions, called the ratio decidendi.

Hypothetical narratives are one such example of image-making in the margins of law. In California v Carney (1985), the US Supreme Court considered the case of Charles Carney, who had been accused of trading marijuana out of a motor home parked in downtown San Diego. The police had raided the place without a search warrant, and found a stash of weed, as well as plastic bags and a scale. The Court had to balance two principles: on the one hand, there is the individual’s right to privacy in his home; on the other, where the evidence is found in a vehicle, and thus might be lost, the police have the power to enter and seize it without a warrant. But what, then, is a motor home – a ‘home’ or a ‘vehicle’?

Finally, there’s the fourth mode of legal imagining: the ability to take on the perspectives of other people. This is a powerful tool that allows judges to create distance from their own tendencies and limitations. For example, a court will sometimes imply a term into a disputed contract – that is, introduce a requirement that does not appear in the written document. So if you are making a contract to sell something, it couldn’t be broken or defective; a term that that the goods are of saleable quality would be implied as part of the agreement.

Sometimes, these terms are implied by statute, but courts will also entertain case-by-case clauses put forward by one of the parties. The relevant test used to be whether the term would promote ‘business efficacy’: does the contract need this term to be commercially effective? But that principle changed after Shirlaw v Southern Foundries (1926), where Justice MacKinnon stated:

For my part, I think that there is a test that may be at least as useful as such generalities. … [I]f, while the parties were making their bargain, an officious bystander were to suggest some express provision for it in their agreement, they would testily suppress him with a common: ‘Oh, of course!’
The courts now routinely imagine this officious bystander – a nosy busy-body, whose job is to ask the parties, at the time of the negotiations, what they would do in some future scenario.

In addition to imagining perspectives, judges will sometimes summon up whole dialogues and conversations, either between imaginary or real persons. In Re Rowland (1962), a young doctor and his wife both died in a boat accident in the South Pacific. The court had to figure out who should inherit their property, a decision that turned on whether or not their deaths ‘coincided’ according to a term in their will.

Counsel claimed that the defendant was of limited intelligence: is intelligence a relevant characteristic of the reasonable person?


This is clear when judges must decide what ought to be expected of a ‘reasonable person’ – a familiar litmus test for a person’s behaviour in the law. The case of Vaughan v Menlove (1837) concerned a defendant who had placed some haystacks near to the plaintiff’s cottages. They caught fire, and the plaintiff’s cottages were burnt to the ground. The defendant had been repeatedly warned, but said on one such occasion that ‘he would chance it’. Predictably, the court was vexed by this – a reasonable person (or the ‘ordinary man of prudence’, in that case) would not be so reckless! 

Of course, a test of ‘reasonableness’ leaves open many questions, which is precisely the point. How common was this practice of placing haystacks on the perimeters of one’s property – should the reasonable person be said to know this? Counsel for the defendant had also claimed that the defendant was of limited intelligence – is the level of intelligence a relevant characteristic of the reasonable person? Such flexibility in characterisation allows the judge to evaluate ‘reasonableness’ in a way that balances the local circumstances and peculiar characteristics of a person (whether the defendant or plaintiff) with the more general, societal expectations of sensible behaviour. Such balancing is not possible via some more assertive, explicit set of criteria.

Overall, imagining is a mode of enquiry into what might matter – a collective, interactive investigation of what might be at stake in some dispute or issue. Fictions, metaphors, hypothetical narratives and multiple perspectives are hugely helpful because they each generate a different set of possibilities. These devices are what make legal reasoning so resourceful and ingenious, because they are inherently tentative and experimental. Sometimes, this form of communication involves pretence and make-believe; at other times, quirky juxtapositions – of trees and constitutions, or of customs and crystals.

The faculty of imagination, then, is not just about engaging in flights of fancy. It can prompt and move us, but it’s also vital as a tool that allows us to slow down, to distance ourselves from our own habits and conventions, and to let others into the conversation. Imagination as enquiry might be our best bet against the dangers of thoughtlessness, present now more than ever.

50. Criticism


Observation


Dialogue from Better Living Through Criticism  How to Think About Art, Pleasure, Beauty, and Truth


Q: So you’ve written a book in defense of thinking? Where’s the argument? Nobody is really against thinking.


A: Are you serious? Anti-intellectualism is virtually our civic religion. “Critical thinking” may be a ubiquitous educational slogan--a vaguely defined skill we hope our children pick up on the way to adulthood--but the rewards for not using your intelligence are immediate and abundant.


As consumers of culture, we are lulled into passivity or, at best, prodded toward a state of pseudo-semi-self-awareness, encouraged toward either the defensive group identity of fanhood or a shallow, half-ironic eclecticism. Meanwhile, as citizens of the political commonwealth, we are conscripted into a polarized climate of ideological belligerence in which bluster too often substitutes for argument.


There is no room for doubt and little time for reflection as we find ourselves buffeted by a barrage of sensations and a flood of opinion. We can fantasize about slowing down or opting out, but ultimately we must learn to live in the world as we find it and to see it as clearly as we can. This is no simple task. It is easier to seek out the comforts of groupthink, prejudice, and ignorance. Resisting those temptations requires vigilance, discipline, and curiosity.


50. Foolproof


Observation


1. Why were mistakes made by the administration not corrected?


2. In Cool (71) posted just before the 2015 General Election, the owner had hoped political parties would take note of his case. In GE2015 (50), he thinks it was.


3. Following the opening of 13th Parliament after GE2015, news ticker over the first two days:


Hold leaders to high bar of “ability and integrity.”
Office of President “critical element” in the Singapore system.
Look at how to improve the political system.


4. Lawsuit (50), which was posted at the same time as Foolproof (50), GE2015 (50), Frontier (50) and Defect (23), could be read in conjunction with Catherine Lim (73). Defect (23) has to do with HDB.


5. Could there be foolproofing of the various agencies involved?


50. GE2015


My case, concerning officers and a neighbour, has been suppressed. The issues in Trust (72) has not been replied. Mr Lui Tuck Yew, a cabinet minister, announced on 11 Aug 15 that he would not be contesting GE2015 could have been the result.


Observation A good place to start is Mistakes (72). Two previous posts to the President are Dissent (30) and President (26). Other references to the presidency are Help (69), Principle (47), Ombudsman (29), Committee (27) and Integrity (25).


A recent case is Defect (23) where defect in the installation of a electrical fitting in studio apartments was ignored.


The president could have performed a useful role because the media was muted. Having been elected by the people, they would like to hear from him when the complaints could affect them.


“To safeguard our financial reserves and the integrity of our public service, the Constitutional Commission to study and make recommendations on specific aspects of the Elected Presidency held its inaugural meeting on 17 February 2016. All written submissions must reach the Secretariat by 5pm on 21 March 2016. The precise dates of the public hearings will be announced in due course, but these will likely take place over a limited number of days between 18 April and 15 May 2016.”


The owner hopes all this could be subject matter in the Bukit Batok By-Election.


50. Frontier


Observation The owner wonders at times when his case will be settled. He may have his answer: Life is cheap. What Price Human Life? of Final Frontier in Frontier (50) is in contrast to Empathy (63).


Another take on devaluation and cheap is the end of The Black Mirror in Frontier (50).


In The Upright Thinkers, “Mlodinow vividly traces the revolutions in thought and culture that define our civilization and, as a bonus, presents a stimulating overview of the history and majestic sweep of modern science.”


Final Frontier, The Upright Thinkers and The Black Mirror are in Frontier (50) under Explanation in Category (80). As with other extracts here, such as in Meritocracy (41), Elites (42) or Cities (68), the owner hopes that it would explain and help his case.


50. Lawsuit


Observation PM could have explained in public Roy Ngerng’s allegation of misconduct without a lawsuit. But the lawsuit was more effective. PM could have explained in public the owner’s complaint about officers’ misbehaviour in his blog. But, though most Singaporeans are unaware of the complaint, it should not be put off.


If there is some legitimacy in a complaint, there should not be a threat of lawsuit. There being a huge difference in available resources and cost of damages awarded between one who has a reputation and one who has not. And to the extent that Singaporeans are controlled, they are also afraid their careers could be influenced. The solution is a strong opposition party, an outspoken president and the media in its proper role.


50. Openness

Observation Nobody in Charge is on public ethics.

The owner's complaint never went beyond HDB Branch Office. HBO (Head, Pasir Ris HDB Branch Office) replied to all letter from MPs to HDB even when the complaint is about him. When the owner wrote to HDB and higher authorities, they would not take up the complaint either.

Shouldn't there be an Ombudsman Office? The CUTS filed with the Prime Minister's Office on Mar 12 could become law. There has been no proper investigation since the owner first wrote to a MP in Feb 08 and started blogging in Aug 09.

Case (19) tries to reach out to the public and Tolerance (46) shows the need for public debate.

On leaders making a difference: Item 16 in Officers (3), Item 8 and 9 in Petition (17), Item 8f,8g and 8h in Case (19), Item 9 in Behaviour (23), the last four paragraphs of Twilight Of The Elites in Meritocracy (41), the last six paragraphs of Losing It and last paragraph of We're With Nobody in Character (56).

49. Open Access

Observation "In short, a non-conventional model of bureaucracy views the commons as a pivotal medium for bringing about a multi-level form of governance."

People's Association, Meet-the-People Session and Residents' Committee may not be "a general moral resource" or the commons.

HBO (Head, Pasir Ris HDB Branch Office) was able to influence Community Centre members and Residents' Committee members while his extensive network of contacts tried to make any form of transactions difficult for the owner.

Support from insiders are indicated in President (26), Committee (27) and Overview (28).

48. Public Service

Observation "Effective government would, according to Fred Alford (Alford 1994), equate statecraft with soulcraft by seeking to engage citizens in ethical and moral dialogues at all levels, starting from the local upwards."

The owner went through official channels without any result for two years. He took to blogging to inform the government, but the issue was not addressed. It would be for nought if he could not gather support.

The owner posted Evidence (21) in May 11 just before the General Election, Integrity (25) in Aug 11 just before the Presidential Election, News and Citizen (31,32) in May 12 just before the Hougang By-Election, and By-Election (33) and Standpoint (34) in Aug 12 just before the National Day Rally speeches. Each time he hoped his case could be mentioned for an injustice.

47. Principle

7. Mr Low Thia Khiang says his party will act as a voice for the people in Parliament on 21 Oct 11. PM Lee Hsien Loong says Parliament is a place for serious discussion and not just criticism. It is not just a place to hold either the government or the opposition to account. Instead both sides should participate in solving problems together or Singapore would be worse off for it. PM was responding to Singapore media at the sideline of CHOGM in Perth on 30 Oct 11.

8. Democracy exists through criticism. It could be expressed in the press, university, coffeeshop and in many other ways.

Observation Differing principles could be evaluated for effectiveness.

The owner's case may be unusual, but it is explainable. Consensus is possible.

Justice (18) is a rundown of the case.

If the owner were to post at TheRealSingapore.com, would the authorities have replied? In the staircase incident of Jul 13, the site stated that it is platform for average Singaporean and would publish reply from the authorities.

46. Tolerance

4. The owner knew too much. Once he is forced to sell his flat, the matter would be settled. Never mind about his reasoning. The officers, the-people-in-the-flat-across-the-neighbour and the official silence would ensure that this would be so.

5. With no other choice, the owner blogged to explain the issue. The result was many indirect references in the media though never directly on the case.

6. It could be said the officers have been exposed. If there was wide publicity, it would forced the authority to act because their position is untenable. They have not taken action to stop the officers from collaborating with the neighbour.

7. Democracy is based on a variant of a system of popular control of government. At least in principle, it is the government that ought to be held accountable to the people and not the other way around.

Observation On some issue emotion runs high, but it does not seem right if such issue is not allowed to be discussed in public.

A Gallup poll of 140 countries rated Singapore the most emotionless society in the world. It was reported by Bloomberg over Teletext on 21 Nov 12.

The Prime Minister closed a PAP seminar. This was the first time the seminar included non-members. It was reported over Teletext on 24 Nov 12.

Posts under Openness in Category (80) are about accountability.

45. Perspective

Observation Is the following statements true? HBO (Head, Pasir Ris HDB Branch Office) committed wrongdoing but could not be removed because of his connection. He has a network of contacts to prevent the owner from bringing his complaint through official channels. Over the many years that the owner informed through MPs and his blog, the officers protected the neighbour by stationing the-people-in-the-flat-across-the-neighbour to allow them to carry on a trade in their flat and to use noise to force the owner into selling his flat.

The premises to conclusions are not absolute because the premises could be wrong and different conclusions may be called for. In the paragraph above, the key terms in the premises are "because of his connection", "He has a network of contacts" and “the officers protected the neighbour by stationing the-people-in-the-flat-across-the-neighbour”. The conclusions are "HBO committed wrongdoing but could not be removed", “to prevent the owner from bringing his complaint through official channels” and “to allow them to carry on a trade in their flat and to use noise to force the owner into selling his flat” respectively. The reader could make his own assessment.

Ethics (12), Question (15) and Behaviour (23) are on a cover-up.

Risk Intelligence is decision-making under uncertainty. The owner's case is not about uncertainty because high officials decided to ignore the facts.

There will be long-term consequences if the government does not acknowledge and make reparation.

44. Argument

Observation The officers, whom the owner complained against, could say the noise that affected him may not have affected another person in the same way and he had no real evidence against the neighbour.

However, the authorities could not say it is the owner's words against the officers' words without an investigation into the complaint. Without inquiring into the circumstances of the case they could not cite relativism even if they wanted to. For over five years they did not respond when informed until noise subsided with the posting of Standpoint (34).

Meritocracy (41) and Conflict (43) are on understanding and resolution of the problem respectively.

Ethical Argument is a critique of relativism while supporting objectivism. It assumes reasonable approach to ethical conflict.

Officers (3,Item 16) and Reason (22) are the argument.

43. Conflict

Observation To the owner it is simply wrongdoing by officers. To the government it is complex, there are issue that prevent the case from being rectified. Is this a 5 percent problem?

Meritocracy (41) defines the problem.

42. Elites

Observation Ethics (12) goes to the heart of the problem, Citizen (32) takes the owner's case to Singaporeans, National Day (36) and Parkinson (40) make sense of the case, and Argument (44) and Perspective (45) help decide the case.

41. Meritocracy

Observation The owner's complaint should be placed in the context of meritocracy. HBO used his network of contacts to block the owner and his connection in the administration to prevent the authorities from acting against his wrongdoing and the people, whom the owner appealed to, from speaking up in any meaningful way. The problem lies with the Civil Service.

Civics (10) goes into some detail, Question (15) asks why Public Service Commission has not taken up the case, and Principle (47) points out the problem.

Twilight Of The Elites examines meritocracy. It offers important and unconventional ideas how to reconstruct and reinvent politics and society.

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