#you Cannot fix V1 cause there is nothing to fix
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Transcript:
BUT DADDY I LOVE HIM.
THE MACHINE.
I CAN FIX HIM.
NO REALLY I CAN.
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#gabriel ultrakill#ultrakill#you Cannot fix V1 cause there is nothing to fix#Gabe on the other hand...... unfixable for a completely different reason#gabe voice crack save me
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Faunus and the White Fang: The Portrayal of Racism
RWBY has been adored by the progressive community due to the portrayal of 4 strong young women, at least 2 of whom are LGBTQ+. Not to mention the inclusion of other LGBTQ+ minor characters.
Despite this, the show is far from flawless, and it’s time to address what is probably its biggest problem: the portrayal of racism. I suspect this may end up being my most controversial post yet, but, like someone said, “It’s both possible, and even necessary, to simultaneously enjoy media while also being critical of its more problematic or pernicious aspects”.
Before I start I think it’s important to clarify that unlike in conversations about being a woman and LGBTQ+, in this one, I come from a place of no experience, since I am a white European. I do not intend to speak over POC, nor do I claim that my knowledge on the subject is flawless (far from it). Hopefully, this is only the start of a conversation and not the entirety of it.
To be clear: I am not a part of RWBY hatedom. While it’s flawed, I like it, I wouldn’t be doing it if I didn’t. I am criticizing this aspect because racism exists in real life, so how the subject is handled is important and I don’t want the edgelords controlling this entire conversation because their stance on racism in real life is: it doesn’t exist.
Lazy worldbuilding
Like Bright and Crash, RWBY, for the most part, frames individuals as the main culprits of racism instead of the systems which favor certain groups over others. We see this with Cardin, Cordovin, V1 Weiss, Roman and the village people (in the Adam short). Yes, those racist individuals exist, sometimes like caricatures however, they are far from being the only or even the most relevant type of prejudice.
By putting the blame on very specific characters, racism is presented as something easily identifiable and fixable when it’s neither of those things for a significant portion of the population. People often ignore that though laws have changed, biases didn’t magically disappear, segregated neighborhoods didn’t desegregate themselves and the wealth accumulated before wasn’t redistributed. The racist policies of the past created the now and will affect the future unless we try to fix the system.
Keep in mind that the Faunus Rights Revolution happened after the Great War, so… less than 80 years ago. Considering this timeline, it’s just unlikely the Faunus would be equal anywhere, let alone in 2 kingdoms (Vacuo and Vale) and the only thing we see in Mistral is the possibility of discriminating with the ramen shop owner.
The mere fact this sign exists shows discrimination is possible but that shouldn’t be the only thing shown.
Atlas is the exception. In “Tipping Point”, we can hear a conversation about the Faunus, which mentions economic disparity and lack of opportunity, but it quickly fades into the background.
In terms of race issues, Remnant is wildly unexplored, even the renowned for its racism, Mistral. Maybe the writers just thought digging into politic could make for a boring story or maybe they didn’t want to risk alienating the portion of the audience that listens to edgelords. In either case, it makes no sense to have racism as a major theme.
Justifying racism
“Early men were scared to death of the Faunus, and honestly, it’s not too hard to sympathize with that. Seeing something that looks like you and acts like you walk out of the forest and reveal a pair of fangs, can be a little… upsetting.”
Qrow, World of Remnant about Faunus
This does sound a bit like justifying racism and trying to present as understandable. This is an idea that I see a lot. In a review of a book that had a new species and racism as a theme, one of the complaints was that there was no justification given for the treatment like welfare and gangs. Those aren’t causes of racism – they’re just excuses. If anything, they have a lot more to do with stereotypes and wealth disparity caused by racism.
RWBY does make this mistake with Blake’s speech in True Colors, which is reminiscent of when people hold all Muslims accountable for an attack done by one, judging them all for that person’s actions, even though we’d never do that for our own race.
“We’re just as capable of hate and violence as the humans, but I don’t think any of us would jump at the chance to point that out. So why are we letting Adam do it for us? By doing nothing and staying silent, we let others speak and act in our place. And if we’re not proud of the choices they make, then we have no one to blame but ourselves.”
Ghira does the same in the Adam character short, claiming Adam’s violence is the reason why people attack them. If you judge an entire race based on the actions of a few – that’s on you.
Um, actually Antifa is the problem
While the White Fang is not the only group of people fighting for Faunus rights (in the first episode, we learn they interrupted a peaceful protest), they are definitely the ones who are given the spotlight and it’s very unfortunate how they’re portrayed. With the exception of Ilia (and arguably Sienna), they are shown to be so radical that they are not only OK with destroying cities, but also mass murder. They are terrorists and don’t even deserve a face.
In contrast, the racists both deal with their shortcomings fast (Weiss and Cordovin), they all are worthy of sympathy and redemption (even Cardin and the ramen shop owner). I think the writers were going for “racists are people too”, which is a troublesome stance to take when you frame the ones fighting racism as flat out evil.
I imagine that Atlas is going to be shown to be more unforgivably racist and the Faunus will be more sympathetic, but… even so, it kind of feels like trying to make a case for “both sides”. Yikes!
Menagerie
I’m not entirely sure Menagerie was meant to be a paradise. It looks like it, Sun expresses loving it, but Blake quickly claims it’s overcrowded. I’ll give it that it seems a lot less developed than the other kingdoms judging by its constructions, but that’s about it. I think that if they were not going for a positive perspective on it, we should have been made more aware of Menagerie’s drawbacks.
To be clear, it’s wrong to force someone to live somewhere they don’t want to live, but I think it’s a bit problematic to present it as a paradise when in the real world, white supremacists are increasing and their way of speaking is by defending a white ethnostate, claiming homogenized societies are better.
Due to the lack of good characterization of the rest of Remnant, it makes it harder to believe Faunus really went to Menagerie due to being too jaded to be somewhere else because of racism.
Adam’s scar
I have written about Adam before and just so we’re clear, I stand by my post – I’m OK with him being there to be Blake’s cruel obsessive ex-boyfriend who wants to harm her and that he basically represents the last obstacle to close Blake and Yang’s arcs of running away and facing abandonment issues, respectively.
This been said, considering the story, the scar was a huge mistake and I have no idea why someone thought it was a good idea. We’re not supposed to feel sorry for him, it doesn’t make us empathize with him – he’s clearly beyond redemption when it’s revealed and it doesn’t tie to his main motivation, his obsession for Blake, which is the cause of him being in the story. The scar would only make sense if he was an anti-villain, someone with a good cause, but evil methods (Black Panther’s Killmonger). That has never been his story though. He’s always put Blake above his cause and ultimately, he meets his end because of his obsession with her, not because she decides to confront him about his methods. Not to mention that if the scar was tied to his motivation, we should have seen it a lot earlier, not 2 minutes before he died.
Giving him a scar that reveals a cruel treatment of Faunus by humans for no other reason than to show racism is going to have a spotlight in the next volume is incredibly cheap and an awful idea, especially when it basically means nothing for Adam himself and doesn’t humanize him at all – he’s literally trying to kill 2 main characters at that point.
“Remnant can’t be racist, because…”
I also want to counter a few bad arguments against the idea there can’t be any systemic racism in Remnant. The examples usually given are Leo being the headmaster of Haven Academy and Neon representing Atlas in the Vytal Festival.
Leo
Thanks to Raven, we learned Ozpin chose the headmasters in other academies, therefore it’s possible to infer Leo was Ozpin’s attempt at fixing Mistral’s racism.
Neon
Yes, she studies in Atlas, but the headmaster is Ironwood, chosen by Ozpin and probably is also fighting against racism as far as the academy goes.
“They wouldn’t allow a Faunus to represent their kingdom”.
The equivalent of “I can’t be racist, I have a black friend”. Allowing a Faunus to go helps with the “we’re not racists, we even have a Faunus representing us”.
Other than Ironwood, I see no one else who could even have a say in that decision.
“She wouldn’t accept to represent a racist kingdom”
This either reveals an incredibly dishonest take or an almost child-like naivety. I am sorry to burst your bubble, but often people do go against their own interests provided the salesmen know how to sell it (there are Muslims who voted for Trump, women who fought against women’s voting rights, etc.). We can have prejudices against groups we’re part of.
Many will gladly go against their groups’ interests, provided they have something to gain (more than a few people spring to mind).
In this case, her decision doesn’t even hurt Faunus as far as we know – it just advances her fame.
“The townspeople weren’t racist since they were wearing masks and had weapons and we never see what’s inside of the truck”
I cannot believe I have to dignify this with a response… First, the inside of the truck is irrelevant. We had no reason to believe it was anything bad and one certainly can’t start shooting someone else just because they find them “suspicious”. Murders have happened because of racist jackasses who wanted to play hero by attacking a black “suspicious” person. Second, it’s Remnant, a place so full of monsters, teenagers are allowed to have weapons. They are clearly needed to go from one town to another. Sure, they could have dropped their weapons, but that still doesn’t change they weren’t attacking, not even in self-defense. Third, Ghira was still in charge of the White Fang and we know that during this time, the methods of the group were mostly peaceful, even if they were already wearing masks.
“They allowed an army of Faunus to go to Mistral”
OK, this is by far the most difficult one to justify, but not because of race – it’s just the authorities should have handled it all by themselves and I highly doubt they would allow civilians to fight against a terrorist attack. As for the racism point, the Faunus clearly warned the authorities, so I think it’s very unlikely they were bad guys and their weapons were awfully rudimentary. It’s not a great explanation, but I don’t think it’s more of a hit on verisimilitude than letting civilians fight.
Conclusion
I think the problems in the portrayal of race is due to a lack of understanding of racism, insufficient worldbuilding which should have been done before beginning to write RWBY and, probably, trying to avoid alienating any groups in the audience, which is not likely when the subject is racism and should not be the goal. This resulted in a mess where it feels like there is a need to frame racism as wrong, yet understandable (WoR), easy to fix, and too worried about holding the audience to task, hence sticking to cartoonish racism. While all of that is already pretty bad, it’s impossible to deny that it isn’t made worse by the rise of white supremacist groups.
I wish the writers will be more careful during the Atlas arc, but I fear we might be entering a white savior’s narrative as Weiss will probably be the focus of it. I tend to give credit to RWBY for putting the minority character at the center of their struggle, but ultimately Blake was there to fight her own and I suspect they will do the same with Weiss – she will fight her father for the rights of the Faunus (at least partially) and she will be the one who ultimately fixes racism…yeah, we might be heading to a white savior narrative.
I am hoping for the best while preparing for the worst. Still, no matter how well the next arc is handled, it cannot fix the past volumes retroactively.
One last note, I think the election of Trump should be more than enough to reveal that racism is alive and well, but if you want to understand systemic racism and the portrayal of racism in media, here are a few links:
7 Ways We Know Systemic Racism Is Real;
Adam Ruins Everything (it’s a video);
NCSC Implicit Bias;
ContraPoints – America: Still Racist (also a video);
Bright: the Apotheosis of Lazy Worldbuilding (video);
Renegade Cut - Green Book - A Symphony of Lies (video).
More RWBY posts:
Filmmaking and Bumbleby
Bumblebee was Always the Plan
Bumblebee was Always the Plan part 2
BB & Renora
Weird Post on Weiss’s Clothes
Foils: Adam and Yang (this one is in wordpress; it was my first one and I didn’t have Tumblr then)
Let’s talk about Adam Taurus (I didn’t post this one on Tumblr because the title and tags could lead Adam fans thinking this was about “his wasted potential” when really it defends the decision of killing him off and explains why it happened)
As usual, the original.
#rwby#rwby racism#white fang#faunus#lazy worldbuilding#blake belladonna#menagerie#adam taurus#rwde#worldbuilding#portrayal of racism#racism in media
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Top 5 Things I Liked About RWBY Volume 1
(Top 5 Dislikes)
Well, got the Dislikes out of the way. So let's move on to the Likes! While V1 is my least favorite volume, I still adore it. I mean it is the volume that got me and many others into RWBY and without we, well... we obviously wouldn’t have a show. I can forgive many of the issues that I listed, as well as things like limited animation and amateur voice acting since it was V1 when they had a smaller budget and were figuring stuff out. ANd there were still plenty of things to love, especially now.
So let take a trip down memory lane and look back at some of the best parts of the beginning of our journey with RWBY Volume 1~!
#5. The Character Trailers
Okay, this might be cheating since they’re technically not part of the volume. But they were made to lead-up to it like the later trailers were for later volumes and they have story relevance later, so I’m counting it! Plus I want to talk about them somewhere because I freakin’ love these so much~!
These trailers are what got me into RWBY. I remember looking up stuff about the show when I started getting interested in it back in late 2013, and I went to watch them when I found out about them. Making these was a very smart move. They introduce us to our characters early on, gave us a feel of each aspect of the show, and of course created hype to ensure that people tuned in when the actual show started. The Red Trailer shows off the amazing fighting animaiton, White shows off the epic soundtrack, Black introduces plot elements and shows that there will be more than just cool fighting, and Yellow brings 'em all together in one badass package. When I binged through all four of these, I became a fan very quickly. I started the show that night, finished the next afternoon as V1 had practically ended just before I started, and I haven’t looked back ever since. And when parts of them came back into the plot later like the bar that Yang trashed in V2? That made me even happier cause it made them have a point outside of just hype.
The trailers were all fantastic. RT was clearly betting a lot on this show to allow Monty to do these, and the gamble paid off. All four of them have their own unique style and aesthetic and still looks amazing even now. It’s why whenever I see anyone ask where to start with RWBY, I tell them to watch these first. They do a great job of introducing you to this world, and with us going into the seventh volume, their impact is still being felt. I couldn’t not put these on here, but since they aren’t technically part of the volume, I left it at Number 5. But still, these are great and if you skipped them, go and watch them. Now. The list will still be here when you get back.
#4. Fight Animation
...what? Are we surprised that this is on here? Monty’s fight animation is amazing. Even years later, they still hold up. Monty got his start at RTwuth his fight animaiton in RvB, which truly brought that series to the next level. Then he got his won show with even more freedom to go crazy, and boy did he deliver. Sure it didn’t always work well, like when he did it for Penny in the finale and gave away the reveal s a result. But it’ still a badass sequence. All fo the major fights are. The trailer fights, Ruby in Chapter 1, the Nevermore fight in 8, everything else in between and after, it all looked incredible. They were fast, creative, and just so much funt o watch. while I am one fo the people who strongly disagree that the fights went downhill after V3, Monty’s style cannot be duplicated. Nor should it be. We may never have Monty’s fights again, but they will forever live on. That’s honestly for the best.
#3. Weiss Development/Rewatch Value
I was a little harsh on Weiss in the Dislikes post, so let's fix that! I love Weiss. She is my second favorite character and one of the best developed. While I complained about her writing int he finale, outside that? She was good. She was snooty and bitchy, but we saw in Chapter 8 that she is aware of her flaws and did save Ruby as well as give her a pep talk... kinda. But The Badge and the Burden is where she really shines. She’s mad about being led by a childish girl who pretty much got allowed into Beacon, Port gave her a stern but encouraging talking to, and Weiss began to try and improve herself as both a teammate and as a person. It’s simple, but for Volume 1, it was nice and made her likable after how mean she was in the first half of the volume.
Then the rest of the series happened, and Weiss in V1 becomes even better.
It makes Weiss’ attitude make sense. She had to work and fight to earn her way into Beacon. Her father outright forced her to fight a Grimm Knight to earn the right to leave and almost lost an eye due to it. Then she meets this careless girl who rushes into fights, gets in her way, and as far as she knows did nothing to get into Beacon while she had to fight tooth and nail. Then the same girl got to be leader despite generally goofing off and not taking anything seriously, and it makes Weiss being angry 100% understandable. She still acted poorly, hence why Port’s talk was necessary, but it isn’t Weiss just being a stereotypical mean rich girl. She has reasons why she acts the way that she does, and she can recognize those flaws and work to fix it. Even with my complaint about her in the finale she DOES follow it up and improve her attitude towards Blake, Faunus, and her team.
Weiss is a fantastic character. V1 gives you many reasons to dislike her, but over time you grow to love her. This volume was the first step in her breaking out of the toxic and hateful environment and mindset that she was raised in, and she took that step in spades. Rewatching her in this volume makes you appreciate her character so much. Again, her development here is simple, but important and overall solid outside of a few spots. I think that Weiss’ arc has the most rewatch value in this volume, and I appreciate it so much. It is a little spotty though, so I put it at Number 3. But we have another good character arc to talk about, one that I think is underrated to be honest.
#2. Ruby Development
Ruby is my favorite character in the entire series. She was since I started the show, and she still is to this day. Many call her a flat and boring character, and it annoys me. But I do see the complaint that up until recently, she hasn't developed. That she is the exact same as when she started. Ugh... yeah, no. I know that V1 was a while ago and that a lot has happened since then, but she developed greatly in this volume and beyond.
In V1, Ruby is just a girl who dreams of being a Huntress. But it’s kinda like a childish fantasy. One that she’s genuine about, but one that she isn’t truly prepared for. She thinks that all she needs is her badass scythe, and she’ll be fine. She’s reckless, charging into battle to prove that she is capable fo being at Beacon. SHe’s awkward and doesn't want to make friends or teammates. Not because she’s anti-social, but because she’s an awkward girl who is already feeling pressure due to not wanting to be received as special when she got let into Beacon early.
This volume greatly sets Ruby on the right path. Her recklessness gets her into trouble, and she only survives because of characters like Weiss helping. She isn’t able to truly take on Grimm until she starts working as a team with the others, in which she stands up and takes the reigns. She starts channeling her recklessness into crazy plans, like the slingshot, which shows her out-of-the-box thinking that becomes a major asset to her. The Badge and the Burden shows her acting childish, goofing off in class and not paying attention. But we also see that she’s anxious in her new role as leader and if she truly belongs in Beacon or if Ozpin made a mistake in letting her in. But Oz gives her a nice pep talk and we later see that she fell asleep while studying, showing that she is trying to put effort into her studies and into her new position. Encouragement that she later gives Jaune, showing that she took ti to heart.
As with Weiss, it’s simple stuff. But it’s still major progression for Ruby. While her goal of Huntress is still somewhat of s childish fantasy, it’s genuine. She is genuine about wanting to help people and make their lives better just because she wants to. Not out fo any personal goal or thrill, just because she wants to do good. We see that she’s learning as she tarts to put her anxiety aside to work with her teammates, learn to take school seriously, learn to not be so reckless and not be so worried about proving that she can do this, and of course begin to take her first steps in becoming a leader. Steps that will lead to great things for her, especially in V6. I can’t properly gush about Ruby in this post, but I love her growth here so much, and it’s one of the best things in the volume for me.
#1. Players and Pieces
So... you’re probably wondering why this is Number One. Well... it’s because while the trailers got me to watch RWBYm this was the episode that convinced me that it was worth something. I enjoyed Chapters 1-7, but I was kinda waiting for that moment that made me see why it had gotten so popular so quickly. I didn’t watch RWBY when it started I hadn’t even heard of Rooster Teeth at that point. I just saw my friends talking about it, got curious, and started watching it. It was nice... but it didn’t really impress me or get why people were loving this so much. It just felt like a slightly above average web series.
Then I got to Players and Pieces.
This episode wowed me when I watched it. You know how I said that the trailers introduced certain aspects and yellow brought them all together? Well, this chapter did that for something within the show. Awesome fight animaiton? Check. Weiss development? Check. Ruby development? Check. It had good humor. It was paced well. It felt satisfying. And the soundtrack? Holy crap the soundtrack. Yeah, I had to force myself to not put ‘Jeff Williams Music’ on this list because it would be redundant, and putting it on every list would get old. But the moment that Red Like Roses Part II kicked in, everything ramped up. Especially when Ruby slayed the Nevermore. That scene is outright iconic.
This chapter took everything that the first seven was building up to and it delivered an amazing payoff. The characters were great. The animaiton was great. The tone was great. It was funny, heartwarming, and badass in every single way. This was when I realized just how amazing this show was going to be. This is when I decided to hop on board the hype train. This was when I became a real fan, and I am still going even six years later. It’ crazy to me that we’re going into V7, cause whenever I rewatch the moment where Ruby is launched at the nevermore and urns up that cliff, I remember when I first saw the scene. And I still feel the same awe that I felt the first time. When I need to remember why I love this show, I turn to this. It was amazing then, and it’s still amazing now and will always be something that I treasure.
And that’s a wrap! My Top 5 Things for RWBY Volume 1~ It was so much fun to go back through this volume. It’s still a fun ride from beginning to end, and will always have a special place among RWBY fans. So now it’s time to prepare the lists for Volume 2~ Thank you all for reading, and I hope you’ll check out the remaining posts for the remaining volumes~!
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I’m a Remainer but I’m not campaigning for a second referendum
Last Saturday something like 100,000 people marched through Westminster demanding a second referndum on any final Brexit deal. The “People’s Vote” petition has gathered what, at present, seems a fairly modest number of 145,000 signatures at the time of writing, asking for the same thing. According to the Petition:
“The future of this country and young people is too important to be decided by politicians alone, who cannot unite around the national interest.”
It is a mirror image of the argument that “politicians alone” should not have decided on our continued membership of the EU; a populist, anti-representative-democracy, argument that led directly to the 2016 referendum.
I voted remain. I thought the vote to leave was a dreadful mistake and nothing that has happened since has changed my mind. Indeed, the mistake has been compounded by a divided and incompetent government.
It seems probable that some sort of transition agreement will be reached in October, and 5 months later we will be outside the club, though permitted some of its benefits as long as we play by its rules. As with many compromises it will be something which almost nobody wanted. The alternative will be that no deal is struck – a position which terrifies many but which a few actually do want. Short of an agreement with the EU to extend the Article 50 “notice” period, or – even more unlikely – the agreed or unilateral revocation of our notification, Brexit will now happen as a matter of law. Leaving to become, in the words of Jacob Rees-Mogg, a “vassal state,” does not sound very attractive, but walking out with no deal at all sounds like a pretty dire prospect too. Either option will, in my view, be much worse than staying in would have been.
So surely people like me, who voted to remain and would very much wish Brexit were not happening, should be signing the petition, marching and generally campaigning for another referendum in order to cancel out the terrible mistake of 2016, and restore the status quo ante?
We should not.
Quite apart from any argument of principle, there is an overwhelming practical argument against campaigning for a second referendum. There is simply no time available. The legal effect of serving notification of withdrawal from the EU under Article 50 of the Lisbon Treaty (supported by many of those, such as Chuka Umunna MP, now campaigning most vociferously for a referendum designed to prevent that very notification taking effect) is that unless the contrary is agreed by every member state, or the Article 50 notification is unilaterally withdrawn (which may not be legally possible), the UK will cease to be a member of the EU on March 29th next year.
Any referendum would have to take place in time to allow the other member states to agree, well before March 29th, that we can remain. That means it would have to take place months earlier, ideally in October, once the shape of the exit deal is clear, but certainly no later than the middle of January.
A second referendum would require an Act of Parliament. In emergencies, especially if there is broad consensus, Governments can pass legislation very quickly. But even if there is an emergency there is certainly not a consensus; rather more importantly there is not even a majority. Indeed, all the indications are that there is a substantial Parliamentary majority against having another referendum. It would be far too late to leave such legislation until next year. To have the slightest chance of having the time available to pass it (bearing in mind that it will face the most determined opposition), the legislation would need to have been introduced months ago.
Of course, the difficulty of the task does not necessarily mean that we should not try, otherwise many great political changes would never have been attempted. But where a task is near impossible and the time available is measured in a few months some attempts are simply futile. There is no point in wasting time, resources and credibility on futile campaigns.
But let us suppose that there was for some reason a dramatic shift in public mood, perhaps brought about either by the prospect of a dreadful deal, or by the growing realisation that there was not going to be a deal at all. Even then, the idea that, at the same time that it is trying to sell its Brexit deal (or absence thereof) to the nation, the Government would attempt to legislate for a referendum, the sole purpose of which would be to scupper that very deal (or no-deal) is simply delusional; as is the idea that it would then impose the various guillotines, whips and other instruments of coercion necessary to force it through Parliament, while simultaneously relying on the same instruments to drive through the vast and complex swathes of Brexit legislation which are already dangerously behind schedule.
And if, by some extraordinary concatenation of unforeseeable circumstances, the Government found itself in the contorted position of trying to convince its own MPs to vote to support its deal while simultaneously voting for emergency legislation designed to destroy that same deal, the Government’s credibility would be so shot to pieces that it could not survive, and nor would it deserve to.
Even if a Referendum Act was somehow passed, and a referendum was fixed for, say, November (a time of year usually regarded, for sound meteorological reasons, as an electoral “close season”), the campaign would not be an edifying spectacle. The country would be plunged, if that were possible, into still greater uncertainty, with nobody knowing whether we should be preparing to leave or preparing to stay. All the indications are that the country remains deeply split, with roughly equal numbers supporting Leave and Remain. The contest would be more bitter than last time and the margin of victory for either side would probably be similarly small. Parliament, of course, would have to be suspended for the campaign, further reducing the already inadequate amount of time available for the passage of the necessary legislation if in fact we are to leave, or its repeal if we are to stay, and reducing still further the already low chance that the country would be properly prepared for March 29th.
And the referendum would take place without knowing whether we even could remain, and if so on what terms. A successful attempt to revoke the Article 50 notification would require either a decision of the ECJ that it is legally revocable, or at least the absence of any legal challenge to its revocation; in effect the agreement of every member state. If it turned out that it was irrevocable, the referendum would have been in vain anyway. Where would that leave us? Forced either to leave, despite not wanting to do so, or to remain on terms dictated by the other members of the EU.
In the event of a last minute change of mind, would the EU, and its constituent states, be prepared to allow us to remain on the relatively favourable terms which we currently enjoy? Would our rebate be continued at the same level? Would we face a demand for a higher contribution? Would we come under renewed pressure to join the Euro, or perhaps to provide it with financial guarantees of some sort? Would we be required to join Schengen? Or to take a larger share of refugees off the hands of Greece or Italy? The EU itself, or indirectly any individual member state, could demand a high price.
“You’ve messed around and wasted our time for the last two and a half years,” they could say, or at least think if they were too polite to say it, “if you want to stay now, these are our terms, take them or leave them.”
Given the acute pressure of time, such demands could not possibly be resolved until after the referendum had been held. Leavers would then be able to make precisely the argument that Remainers are now making: that the referendum was held before all the relevant facts were known. The Government’s negotiating position in any post-referendum “Bremain” talks would be quite hopeless. With a decision to remain taken by referendum they could hardly then threaten to walk away, and they would be forced to hope for the benificence of the EU. Practically everyone would feel betrayed.
The truth, brutal for those like me who would wish it were not so, is that – barring an agreement to extend the Article 50 negotiating period, which is itself exceedingly unlikely – we are going to leave the EU on March 29th, whether we like it or not. The process cannot be stopped by a second referendum.
Perhaps it is just as well that it cannot, for the truth is that we are in our current mess because of the corrupting effect of the 2016 referendum on our constitution. The result of the dreadful decision to hold it is that MPs have, ever since, considered themselves to be mere delegates, bound to implement its result whatever their own views and whatever the changing circumstances. We have a Government carrying out a policy that the Prime Minister herself and many of her cabinet believe to be mistaken, and MPs voting for policy with which most of them disagree. However, the proper solution is not to have another referendum, which will only cause greater problems and legitimise still further the baleful role of referendums in the constitution; the proper solution involves, as far as possible avoiding the wretched things altogether.
I once learnt to fly. One of the things that you are taught is that there comes a point during the take-off run when your speed is so high – it is called V1 – that you cannot safely try to stop even if something is going wrong. Once you reach it you simply have to take off, even if your oil light is flashing red and your engine sounds as though it is about to conk out. Dangerous though it may be to fly, trying to stop is even more so (and, incidentally, one airborne it is seductively tempting and suicidal to try to return immediately to the perceived safety of the runway). We have, I am afraid, reached that point with Brexit. Even if a second referendum were desirable it is too late to demand one now. Shouting “Stop!” from the economy seats won’t help. All we can do is hope, in the teeth of all the evidence, that the pilot knows what she is doing. It’s time to tighten those pitifully inadequate lap straps and check the laminated cards for the proper way to adopt the brace position.
The post I’m a Remainer but I’m not campaigning for a second referendum appeared first on BarristerBlogger.
from All About Law http://barristerblogger.com/2018/06/26/im-a-remainer-but-im-not-campaigning-for-a-second-referendum/
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