TODAY, GRETNA GREEN--TOMORROW, THE REBORN CONFEDERACY? Yesterday, Your Correspondent took note of some of the key points of the Scots body of law, what with the Neo-Confederacist community's designs on seeking to reestablish the soverign status of the Confederate States of America using Scots models of law and "heritage" as their (presumed) foundation.

WELL--!!!

Space precluded me from pointing out another (un)likely angle of Scots law and "cultural heritage" they would like to see "preserved" as part of their warped design:

Marriage by Declaration, as made infamous by the "anvil weddings" performed in the Scots village of Gretna Green (specifically, those performed by the legendary "anvil priests" over the Auld Blacksmith Shop's anvil), allowing those who were @ least 16 years of age to be married by any competent person in the presence of @ least two witnesses.

Which became rather legendary thanks to the 1754 Marriage Act of Lord Hardwicke, requiring couples as were under 21 years of age to obtain parental consent prior to marriage--only if they were in England or Wales, to which the Act in question applied. In Scotland, however, the same Act didn't apply, giving the village of Gretna Green a unique place in history.

Especially when you consider where Gretna Green was the first village of consequence coming into Scotland on the main coach road between London and Glasgow, as well as the junction of five such nicknamed "the Headless Cross" by locals.

So, for 186 years (until the Marriage Act 1940 brought an end to "anvil weddings" and the "anvil priests" solemnising them by requiring that all such be solemnised either in the confines of a church or in a Registry Office), Gretna Green became Wedding Central among such young couples wanting to get it over and done with without attracting the attention of the angry or otherwise ballisto parental units likely to catch wind of what was going on. Performed by all manner of shady and (in the minds of critics) dangerous characters having no other formal qualifications to solemnise marriages, not even a degree in theology, and in practically any conceivable venue so long as two witnesses could be procured as a mere formality of witness.

But none more legendary than over the anvil of the Auld Blacksmith's Shop, where the bang of the blacksmith's hammer on the anvil made the couple man and wife.

No reading of Banns for three weeks beforehand.

No parental consent.

No Wasserman tests, even.

(Even with a slight hiccup in the form of the Marriage Act 1856, which required @ least one of the partners to an intending Scots marriage to reside there for 21 days prior to the ceremony.)

Which must seem rather ironic for the same sort of crowd who frowns on homosexual unions as being "incompatible with defending the sanctity of Traditional Home and Family Life," yet seeking to embrace Scots law as the foundation of a Confederacy reborn.

(Then again, of all the "irregular marriages," to use the legal term for such performed under Marriage by Declaration, performed over the Auld Blacksmith's Shop's anvil, Your Correspondent wonders how many such managed to endure well into old age.)

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MEANWHILE, BACK IN WINONA: Your Correspondent can't quite help but notice how the marquee @ the Culver's restaurant comes out in explaining the Flavour of the Day for frozen custard (Culver's house speciality; Vanilla and Chocolate such are always available, with a different flavour available every day), with the daily menu special immediately thereafter.

Sometime in future, I may want to make note of these marquees and post them in this weblog, the better so you can see how whimsically silly the arrangement can get.

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THOSE OF YOU WHO STILL THINK THE SO-CALLED "NORTH AMERICAN UNION" IS A CLEAR AND PRESENT DANGER to the "antient and pecuilar" soverignty and soverign identity of the United States (as if such mattered above all else) will want to read this interesting item from Snopes.com as debunks the argument.

But don't come crying to me if you get any ideas of my having "no regard for the facts" which you lack.

HIS FRAUDULENCY (OTHERWISE KNOWN AS PRESIDENT BUSH) must have this belief that his Presidential duties and powers, the Constitution notwithstanding, extend to resorting to a "schoolyard bully" role, if and when necessary, for the sake of defending American soverignty and soverign identity.

Case in point: His Fraudulency asking OPEC, under pain of "extreme measures," to increase oil-production output within measurable distance "for economic reasons," as if suggesting that cheaper oil is one with National Economic Stability, in turn to be seen as one with National Cohesion and Identity. Not to mention "dropping hints" for the GOP's Presidential campaign handlers on "talking points" their eventual Presidential candidate should expect to parrot out to the voters.

Which seems rather ironic in the wake of a study just coming out as suggests that a gasoline-ersatz made from switchgrass could actually be more environmentally-friendly than such made from cereal grains, in particular when it comes to carbon-dioxide emission rates (88% less than conventional gasoline); further, the study suggested that 320 US gallons of biofuel could be produced from just one acre of switchgrass.

But then again, is it feasable for facilities producing ethanol from cereals to be converted to producing switchgrass-based fuels in a cost-efficent manner?

For now, though, farmers, don't bet the farm on switchgrass as a viable answer to energy self-sufficency.

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TELL ME THIS IS A RATHER SICK WAY to get off welfare, especially when you're in an area where jobs are few and hard to come by and the prevailing mood is to leave for elsewhere:

Anti-Cosa Nostra officers in Italy have arrested 51 Nigerian nationals as were caught up in a Nigerian-based human-trafficking ring which tricked Nigerian women into "employment" as prostitutes and drug couriers across Europe; another 15 were arrested in Operation Viola, mostly in The Netherlands.

It's not just 419 scams any more coming out of Nigeria....

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TO HEAR NORTH DAKOTANS PUT IT, SOMETHING IS ROTTEN in its depiction by National Geographic in its January number under title of "The Emptied Prairie."

The vast majority of the complaints so directed, involving not only high-level North Dakota government officials but also proud North Dakotans themselves, take issue with an overzealous emphasis on rural North Dakota's decline.

As in abandoned farms, houses and grain elevators.

Derelict rural churches.

Even rural communities in severe population decline, with mostly elderly residents left to carry on.

Which, to the Peace Garden State's epistles of Babbittry, is not a very positive image indeed, especially considering where North Dakota's agricultural exports are on the rise, they've become the North American continent's #3 producer of durum pasta wheat, and the Bakken oil and natural gas field in the northwest shows signs of becoming a major production area for the 21st century.

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MEANWHILE, BACK IN MINNESOTA, Governor Pawlenty's new budget just out seems to have a fetish for road and bridge projects thanks to the I-35W bridge collapse in Minneapolis last summer, the which has now been attributed to design faults per a preliminary enquiry by the National Transportation Safety Board.

Yet, Pawlenty still thinks it's feasable to finance such construction by keeping gas taxes @ unrealistically low levels, and justifying such laughable rates as being necessary to maintain socioeconomic stability--especially so among the Lower Classes otherwise "helplessly enslaved" to State welfare and in "clear and compelling need" of "the healthy and beneficial effects" of free-market capitalism.

And things could be even worse: The Star Tribune is reporting where MnDOT kept an embarrassing inspection report on the Hastings bridge over the Mississippi River out of the loop since its most recent inspection last summer. I say "embarrassing" because the Hastings bridge, which replaced the legendary Spiral Bridge in that same city in 1951, is the single busiest two-lane span in the The Gopher State in terms of traffic volume and is showing it with rusted and corroded deck plates throughout.

"Earth to Pawlenty! Earth to Pawlenty!"

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AND ONE THING MORE: Horror-movie actress Vampira (t/n Maila Nurmi), perhaps best remembered for her role in what many call the single worst movie ever out of Hollywood, 1958's Plan 9 From Outer Space, has died @ 85 years of age. 

BLAME IT, BY AND LARGE, ON THE WARPED AND MISGUIDED ZEALOTRY AND TRUE BELIEF in certain scions of His Fraudulency's Great Within, but their belief in a Classless Ownership Society especially targeting the Lower Classes may be backfiring thanks to the meltdown in the "sub-prime" and "Alt-A" mortgage-lending crises aimed @ steering the Lower Classes into a healthy embrace of the Classless Ownership Society through owner-occupancy housing, for starters.

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FOR STARTERS, you've got what could best be called pure, unadulterated carpetbaggery by way of what could best be called Emotional Mortgage Rescue, which targets such with "sub-prime" mortgages in clear and present risk of foreclosure and ensuing eviction.

In such a scheme, the perpetrators claim to be either affiliated with some class of a "foundation" or have found "angels" among the wealthy who would be more than willing to take over the mortgage on the house of such targeted, allowing the same to remain and not face eviction.

But that's in theory.

In Reality, however, there are no "foundations" or wealthy "angels" extant; instead, those involved push documents on such in danger as actually sign over title to the "foundation" and advise the dupes to make all future mortgage payments to the "foundation" rather than the original lenders.

It's enough to wonder if Emotional Mortgage Rescue could be a cheap and cheerful fundraising front for the Extreme Right of the highest order, taking advantage as they enjoy doing of the vulnerable and easily-led.

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MOVING FROM THE RIDICULOUS TO THE DOWNRIGHT STUPID, you could just imagine where so-called "Christian" mortgage lenders, in their Zealotry and True Belief of homophobia being one with Christian Love, might try exploiting the "sub-prime" crisis by way of:

• Buying up whole neighbourhoods of foreclosed properties for what may turn out being their true value (IMHO, about 10% of the value of the last mortgage taken out on same) from real-estate auctions;
• Offering (you guessed it) "Christian" home mortgages through so-called "Christian" marketing channels as are financed through "convertible securities" (debt-backed such easily convertible into receivables under the right circumstances) sold to churches, mission societies and "Christian" investors (all the while claiming exemption under securities-registration laws); and
• Doing the "Minneapolis Flip" (as in inflating real-estate pricing based on arbitrarily-inflated appraisals having nothing to do with the real property value of the affected) before suckering in "Christian" homebuyers with claims that the neighbourhood is "emerging" as a major "Christian" socioeconomic centre.

And the obvious rationale they have is to prevent "further serious dilution of property values" by way of "morally deviant elements" (read: gays and lesbians) seeking to "exploit" such solely for profit above Healthy Regard for Family and its Values.

I admit this may be a stretch; however, you never can tell about just such a possibility.

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AND IT'S NOT JUST HOME BUYERS AND MORTGAGE LENDERS WHO WERE "taken to the cleaners," so to speak, in the whole "sub-prime" lending imbroglio:

New York and Connecticut securities regulators are reportedly looking into claims that "sub-prime" mortgage lenders managed to have debt securities backed by "sub-prime" mortgages bundled into debt securities offered en tranche to especially institutional investors and bond funds not expected to be consciously aware of the "sub-prime" mortgages being serious investment risks in their own right.

Next thing you know, expect these same lenders as are In Liquidation to resell such "sub-prime"-backed mortgages as "fully-secured, bank-guaranteed Accounts Receivable Acquisitions" paying (or so claimed) up to 40% p.a.--and sold all along as "low-risk" investments, even to the extent of resorting to patsies and bromides to explain why the marketers could not issue an Offering Circular as required by the securities laws.

Let alone fail to explain that any such securities advertised as "bank-guaranteed" all the while:

• are not considered bank accounts or products;
• are not FDIC insured; and
• carry risk for loss of value, including loss of all or significant part of the original investment.

And more than likely through "spam" e-mail, "cutting out the middleman" and "avoiding unnecessary regulatory burden"--or so the promoters think all the while.  

SO MUCH FOR THE SOUTH RISING AGAIN AS A SOVERIGN ENTITY: Groups like the Anti-Defamation League and the Southern Poverty Law Centre, who make it a habit of keeping the que vive on Hate and Extremism, will tell you that one of the more dangerous movements in service to Hate is that known as Neo-Confederacism--a belief that the Civil War-era Confederate States of America should be reestablished as a soverign entity modelled on Celtic and Scots-Irish models of law, jurisprudence and "cultural heritage."

Sadly, though, the Scots and Scots-Irish cultural imperative has traditionally been premated by the use of fear and violence as agencies of resolving disputes, the fact of which has long been confirmed by history and scholarly studies. And which explains, in substantial measure, the latent "cultural heritage" argument many Southerners of Scots or Scots-Irish descent have for justifying use of violence, if need be, in the name of Law and Order.

Which, in effect, is enough to raise some interesting issues which Your Correspondent will try to address this time around.

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Given that violence is something of a cultural black mark among those of Scots and Scots-Irish descent, Your Correspondent has to wonder if the designs of the Southern Party and the League of the South, two of the more prominent Neo-Confederacist movements abroad, with regards to Law and Order are based upon sadisto vigilantism in the Ku Klux Klan vein.

And especially so the sort which can get to be racially selective, not to mention carried out under cover of darkness and under Al Cohol's influences--which can only make things even more dangerous under the right circumstances.

Not to mention requiring the exercise of doublethink in the extreme to avoid attracting suspicions while believing that "the ends justify the means," no matter how repugnant or distasteful they could be.

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Neo-Confederacist belief systems are also the sort as expect Church and State to be one and inseparable.

But then again, Scots are more than likely to subscribe to Presbyterian teachings (as per the Church of Scotland, whose governing body is the annual General Synod, presided over by the Moderator, himself chosen from among the Synod's delegates), whereas Scots-Irish are more likely to follow Roman Catholic teachings.

Begging another interesting enquiry:

Whether they would like to have the legislative functions of a reborn Confederacy wedded onto those of a General Synod of the Presbytery of the Confederate States of America, whose Moderator would be expected to have Presidential powers.

Or is it more likely to be Cumberland Presbyterianism?

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Given where Neo-Confederacists are calling for their ideal of a reborn Confederacy following Scots models of law and jurisprudence, you have to wonder if these same elements have any basic understanding of the Scots body of law, rooted as it is in Roman jurisprudence and formally recognised as a pecuilar in the 1707 Act of Union which saw the Scots crown and throne amalagamated into the English such.

Which can make for some rather interesting differences between English and Scots models of law and equity, as the Law Society of Scotland explains on their website. Basically put, though, some of the key points are:

• Age of consent is 16 years, as opposed to 18 in England and Wales.
• Common law (as based on past precedent and opinion) figures heavily in matters of criminal law, with the added doctrine of "corroboration" being a requirement in cases thus brought.
• What Americans would call tort law, Scots law calls "delict," based on the doctrine encapsulated in the Latin expression damnum injuria datum (loss wrongly caused). Put simply, where A suffers loss or harm @ the hands of B, B is under legal obligation to pay damages to A.
• In the case of contracts, Scots law recognises the concept of unilateral promise in addition to bilateral contract; however, as Wikipedia notes in their article on Scots law, "it is possible to have a gratuitous contract, i.e. a contract where only one of the parties comes under any duties to the other (e.g. a contract to perform services for no consideration)."
  Wikipedia, for its part, adds as a caveat, so to speak, that "not all declarations made by a person to another person will amount to a promise that is enforceable under Scots law. In particular, a declaration of intention, a testamentary provision and an offer will not be a promise."
• In terms of property law, Scots law regards land, homes and other forms of real property to be "heritable" property and movable and intellectual property as "movable" such. Until recent years, feudal tenure was still permissable when it came to land and real property, causing some problems when it came to developers.
• Matters involving the State and other government agencies come under "public law," whereas such involving individuals, corporations and partnerships (considered a separate juristic person in Scots law) come under "private law."
• In addiction to verdicts of "guilty" and "not guilty," Scots law allows for a verdict of "not proven" in criminal cases. (Put another way, a verdict of "not proven" means that the prosecution's case was flawed, and then some. Meaning, in effect, that a notorious murderer could get away with it because of the prosecution's lack of credible and compelling evidence.)
• Juries in criminal cases under Scots law have 15 persons, as opposed to the 12 common to English jurisprudence.

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Staying on the subject of the Scots model of law for the moment, there are separate court systems for civil and criminal cases, divided thusly (in ascending order of authority):

• CIVIL COURTS:
  • Sheriff Court (similar to an American district court)
  • Court of Session (similar to a Court of Appeal)
  • Outer House of the Court of Session
  • Inner House of the Court of Session
• CRIMINAL COURTS:
  • District Court (similar to a local or county court)
  • Sheriff Court
  • High Court of Justiciary
  • High Court of Justiciary, as a Court of Criminal Appeal

Additionally, there are a number of specialist courts governing specific issues such as land and property rights, young offenders, tax and VAT law and intellectual-property law.

Sheriff Courts are thus known by virtue of their being presided over by judges known as "sheriffs," in some cases working circuits revolving around the six Sheriffdoms (equivalent to a district-court circuit) currently extant in Scotland:

• Glasgow and Strathkelvin
• Grampian, Highlands and Islands
• Lothian and Borders
• North Strathclyde
• South Strathclyde, Dumfries and Galloway
• Tayside, Central and Fife 

Of note, too, is where Scots law has the Court of the Lord Lyon (presided by the Lord Lyon King of Arms), which has pecuilar and exclusive jurisdiction in cases of Scots heraldry, genealogy and claims to clan tartans.

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I hope you're satisfied....    

"SAINTS PRESERVE US, MR. KEEN" DEPARTMENT: Your Correspondent got to thinking the other day over a milder gem of "blooper" from the late Kermit Schaefer's collections as were collected on record as came from an episode of the long-running radio drama Mr. Keen, Tracer of Lost Persons as opened (following, as per usual, the show's theme "Someday I'll Find You"):

"We now bring you 'Mr. Keen, Loser of Traced Persons.'"

And Another Thing:

Considering where the principal characters of Mr. Keen and his assistant Clancy had Irish brouges, it might be interesting to enquire, based solely on accent alone, what part of The Auld Sod the characters may have come from.

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SINCE WHEN DID HOMOSEXUALITY SUDDENLY BECOME ONE WITH "SCHIZOPHRENIC GERMS"? Notwithstanding the 1973 pronouncement of the American Psychiatric Association that homosexuality was no longer to be seen as a Loathsome Mental Aberration and Disorder, there are still some (especially among the amen-snorter crowd and their target audience of poor, undereducated and easily-influenced trailer trash) who argue that homosexuality is a Mental Aberration.

Not to mention a Clear and Present Danger to the Antient and Pecuilar Soverignty and Soverign Identity of the United States of America, with attendant risks for same being "unwittingly and unsconsciously usurped" into the so-called "New World Order" under United Nations suzerainity.

Which begs some interesting questions as are worth asking your local religiopolitical homophobe, or such politicos pushing homophobia as an article of faith vis-a-vis American Soverign Identity for Indecision 2008:

• What exactly prevents your recognising the American Psychiatric Association's 1973 statement that homosexuality no longer qualified as a Mental Aberration and Disorder, setting aside the inevitable invocation of Holy Scripture and Writ?
• In how many instances do you know of in which homosexuals are still in psychiatric hospitals, the American Psychiatric Association notwithstanding? Were court proceedings under relevant State laws involved? Was there the likelihood of "homosexuality" really being a patsy for more serious mental disorders the family was unwitting to acknowledge openly? Was hearsay evidence (otherwise technically inadmissable) and/or perjured testimony involved in said hearings?
• How many such homosexuals are from lower-income or otherwise working-class backgrounds? How many such were from families with histories of what you would call "chronic and habitual dependency" upon State welfare?
• Can you prove a connexion between welfare dependency and increased risk of "homosexual tendencies" in children?
• How many such homosexuals are receiving treatment regimens inapproriate to their condition, including medications, shock therapy and other questionable techniques (including your beloved "reparation therapy")?
• How many such homosexuals have had requests for release or discharge Against Medical Advice denied? Were such denials based on "clear and present danger to the community," howbeit lacking credible evidence to substantiate?
• Are we to follow that homosexuality should be looked upon in the same league as "schizophrenic germs"--as some class of a sham "disease" created out of thin are "just to keep people scared" and to reinforce primitive patriotic feelings?
• Can you name specific examples of instances in which "our antient and pecuilar soverignty and soverign identity" is being compromised as a direct consequence of homosexuals and homosexuality? Have you any valid substantiation, or what prevents your disclosing same @ this time--"orders from my superiors," perhaps?
• How many other "developed" nations do you know of in which homosexuals are subject to officially-sanctioned fear, loathing and contempt? What could the United States thus learn? Or are we to follow that the United States is the world, and vice versa?
• Are you now, or have you ever been:
  • an alcoholic?
  • addicted to, or otherwise dependent upon, narcotic, hallucinogenic or otherwise habit-forming drugs?
  • a sex fiend, perverto or addict?
  • a "john" (one who frequents women of easy virtue on a regular basis)?
  • a chronic and habitual gambler?
  • a sufferer of certain loathsome diseases or disorders (especially such affecting the mental faculties)?
  • associated with weird and/or unwholesome elements contrary to the peace, safety and good order of the community (including criminal gangs and syndicates, racists, white supremacists and bigots)?
  • imprisoned for a misdemeanor offense?
  • committed involuntarily to a psychiatric institution?
• Have you a police record?
• Have you sought 12-Step or similar treatment?

(I admit where some of the questions @ the end are set-ups; historically, police and the courts have questioned the credibility of certain persons with criminal or otherwise questionable backgrounds as reliable witnesses or informants.)

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CHILD ABUSE TAKEN TO A NEW AND EXCITING LOW: Your Correspondent understands where a mother in suburban Sydney, Australia was arrested by the police recently for being in an illegal highway drag race while her children were in the car with her.

I just hope it isn't common practice among the Lower Classes, even if the defence is one of "building character."

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NO WONDER SOME CONSERVATIVES STILL HAVE THIS DELUSION ABOUT AMERICAN CULTURE BEING "MORALLY SUPERIOR," AND THEN SOME: With the Pseudoreligiopolitical Right's known objections to pornography as a Threat to Morals, Decency and Family Values, not to mention their warped delusions of Branson, Missouri's music shows being the defining acid test of Amerikanischer Realkultur, the following "WaiWai" item from Japan's Mainichi Daily News (notwithstanding a general want of credibility, in common with the Japanese gutter press as is source material for the department) could well be insightful into what cultural conservatives would love to see imposed upon America:

Over 100 days have passed since the ethics body supposed to make sure Japan's direct-to-video adult movies didn't get too dirty was raided on suspicion of proliferating obscene materials, but the status of the industry remains up in the air, according to Weekly Playboy (12/24-31).

When the Nihon Ethics of Video Association (Biderin) was raided on Aug. 23, many feared it would spell the end to the ultra-thin digital mosaics superimposed on private parts to circumvent Japan's ban on the public display of genitalia.But it hasn't quite turned out that way and the industry remains waiting on tenterhooks before deciding how to proceed.

"Ever since the raid, association employees have been called in for questioning for hours at a time by the police regardless of the time of day, even weekends," an adult video production company insider tells Weekly Playboy. "I'd say it's having a direct effect on the association's work."

Biderin was at one stage running the risk of becoming irrelevant. Independent makers were coming out with racy material that flaunted the genital display law and didn't even bother to get Biderin's certification. As these makers gained popularity, Biderin responded by relaxing its rules, allowing makers to display previously blanked out anuses and pubic hair. And that's when the raid happened. Now, the adult video industry is waiting to see whether Biderin will be punished and they'll be forced to tone down the materials they produce.

"At the moment, Biderin and makers who were pinpointed by the police haven't been either charged or let off, so we don't know what way things are gonna turn out," an adult video magazine editor tells Weekly Playboy. "Even so, some of Biderin's member makers continue producing videos, some of which are incredibly filthy. And it's not like the companies that were raided have particularly toned down the material they're coming out with, either."

Some adult video makers are not waiting, though. Over 30 companies joined together in November to form their own ethics organization, VSIC, an acronym for Video Software Contents Industrial Cooperative. VSIC has already taken a hard line in the standards it applies, banning makers from displaying objects being inserted into the anus--which had previously been regarded as acceptable to show on screen--and also outlawing bondage and discipline tactics from being showed in movies that do not have an S&M theme throughout.

Also changing in the wake of the raid on Biderin have been adult video covers.

"Packaging has become a hell of a lot less provocative. Some video covers regularly featured pictures of hardcore sex scenes, but there is a trend away from that now," the magazine boss tells Weekly Playboy. "But rather than this being a result of the raid on Biderin, I think this has probably come in response from nervous retailers who don't want to have video packages that go overboard."