Category Archives: law

Two Types of Soft Socialism Explained

25 Thursday Feb 2021

Posted by in economics, europe, history, law, philosophy, politics, socialism

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This meme seems to be far too accurate when I see socialism discussed in the media and by politicians.   I hope this blog will give people clarity on what socialism is and how an economy can be “mixed.”  Let’s start with the relevant definitions of socialism from Merriam Webster:

“1: any of various economic and political theories advocating collective or governmental ownership and administration of the means of production and distribution of goods

2a: a system of society or group living in which there is no private property

b: a system or condition of society in which the means of production are owned and controlled by the state…”

https://www.merriam-webster.com/dictionary/socialism

Politicians talking about socialism today are talking about government control not private communes.  Accordingly I think we can focus in on  :  “governmental ownership and administration of the means of production and distribution of goods.”   Or 2b “a system or condition of society in which the means of production are owned and controlled by the state.”

Ok so does Norway’s government “own” the means of production and distribution of goods?   The answer is they partly do.   A government can partly “own” production and distribution of goods in at least two important ways:

First, it can entirely own a single sector of the economy such as health care or education or it can completely own businesses within a sector such as the post office in the United States or some public schools. 

Second, it can partially exert ownership rights over certain property that we still considered “owned” by private people.  The second aspect is a bit more complicated and will be addressed a bit more in depth.  

The first way is the easy to identify method of mixing socialism.  The government completely owns a particular sector of the economy or even a specific business within a sector.  So they may completely own the health care sector or the education sector.  Or they may own some businesses in these sectors.  For example in the US we have some schools completely owned by the state and some privately owned schools.  We have some VA hospitals and some privately owned hospitals.   We have government run police but also private security options and even private businesses that sell locks, fences and pepper spray in a security industry.   The post office is owned by the United states government but we also have private businesses like Federal Express that also transport packages.    So “soft socialism” can happen when there are some completely government owned businesses or sectors that operate along side private businesses or sectors.    That is the first and more straightforward form of “soft socialism.”

The second form of soft socialism requires us to examine what it means to “own” something.   What it means to “own” something is not as straightforward as it seems.    There are degrees of ownership and ownership is often not absolute.  But again lets start with a standard working definition. Merriam Webster says you own something if you “have power or mastery over” it.

https://www.merriam-webster.com/dictionary/own#h2

The legal definition is very similar to the Merriam Webster definition.  See for example:

“The complete dominion, title, or proprietary right in a thing or claim.”

OWNERSHIP

And:


“OWNERSHIP the full and complete right of dominion over property.   It has been said that ownership is either so simple as to need no explanation or so elusive as to defy definition. At its most extreme and absolute, it means the power to enjoy and dispose of things absolutely…..”

https://legal-dictionary.thefreedictionary.com/ownership

Does the government have “power or mastery” over our means of production and distribution of goods?  Now we are starting to see that “ownership” might be a bit fuzzier than we thought.   

But before we get into ownership as it relates to socialism let’s consider basic ownership claims that have no political implications.  Consider my claim that “I own this house.”  Ok normally we say you still “own” the house even if you allow someone to rent it from you.  But clearly you are giving up “power or mastery” over the property when you rent it.  You are giving up some aspects of your ownership in exchange for money.   The notion of having mastery or dominion over the thing is important to ownership.  You are the one who decides what happens to it.   If you own a house, you decide who can go in it.  However, if you rent it then you can no longer decide that and instead the renter can invite who they like.  If you own a car you decide who can go in your car and where the car goes.  But if you rent it then you give up some of those rights of ownership.   But you still retain some rights – specifically the right to eventually sell/alienate the item at the price you would like.    

Control over the terms of alienating/selling the property is important.   In fact, it is so important we still say the renter does not “own” the property even though he or she may be able to control what happens to the property due to a prepaid 100 year lease.   The renter still can’t sell the property.  Control of how the property is sold is so important that we still don’t call the renter who can exclude the “landlord” from setting foot on the property for decades the “owner.”   Even though the law still calls the landlord the owner, I think it is fair to say if you let someone rent your property you are giving up mastery and control of it – that is you are giving up certain characteristics of ownership.    But the ability to choose the terms under which I will completely alienate the property to someone else is retained so the landlord is still considered the “owner” even though I think ownership is really shared in these examples.    

If I have a mortgage on my home that means I gave up some of my right to alienate the property in exchange for getting the loan.  I can’t legally sell the property unless I pay off the loan.  Again the bank gains a share of ownership.     If I own one third of a company (one third of the stock) then I am entitled to one third of the proceeds of the sale of the company. 

Ownership is not complete if I do not control or receive the benefit of sale.  My ownership is shared with someone else.   In a documentary I saw on Cuba they said the people “own” their apartments.  But the catch was they could only sell it to the government.  If you can only sell something to one entity then that greatly diminishes your “dominion”.  The item may become worthless if that entity has no interest in acquiring the property and you have no use for it.   Clearly the Cuban government has a huge amount of mastery over that property.    The person who lives there is much more like a prepaid renter than an owner. 

So we can see owning property can be mixed.  What about ownership of “the means of production and distribution of goods.”   How do we produce goods?  One way is by our labor.   We think we own our labor.  But government often steps in and takes some of that ownership.  Income tax is like a mortgage on our labor.  We can’t sell our labor unless we pay the government a percentage of the sale proceeds.  So income tax an ownership interest the government takes in our labor much like a mortgage is an ownership interest the bank takes our land or a stock holder takes in a company.   The larger the percentage the more ownership and thus the more socialism.  This applies to sales taxes, property taxes (which is similar to us paying rent to the government for the right to use the property) and property you sell at a profit but have to pay income tax on.  So taxes are a direct way the government owns part of your labor and property.  The higher the taxes the more socialist the economy is.   But taxes are not the only way government takes an ownership interest in what we normally call private property.  

What about control over my ability to sell my labor?   Do I control the terms of when and how it will be sold?  Partially.  I might want to work in a field I have little experience in, but would be willing to do that for cheap.  I might be able to find someone who will hire me to do that.  But the government might come in and say “no we have a minimum wage so you are not allowed to sell your labor to that person at that price.”  Thus they are controlling the terms of the sale of my labor.  I read in Germany the government limits the amount of hours you can work. https://knowledge.leglobal.org/wp-content/uploads/sites/2/LEGlobal-Employment-Law-Overview_Germany_2019-2020.pdf If you want to work more than that you need permission from them to sell more of your labor.  Overtime laws are another example of the government not allowing people to control the sale of their own labor.  As the government takes more and more control over our ability to sell our labor they are taking control/ownership over the production and distribution of goods and services.   

 So  Governments that take more control over the sale of our labor are more socialist.  They take ownership rights of the labor from the individual and give it to the government.  That is moving in a socialist direction. 

So is Norway socialist?  Well not completely but they are likely more socialist than the US.   With a few exceptions Western Europe is more socialist than the US.   Their economies are not as bad as full on socialist countries.  But they are considerably more socialist than the US and, unsurprisingly, their economies are substantially worse than the US economy.   As the data I offered here and here demonstrated. So I agree that Scandinavian and Western European countries are, with some exceptions, in fact more socialist than the USA. My question is why are we only looking at tiny homogenous Norway (or some other tiny Scandinavian country) and not all the other European countries that are also considerably more socialist than the US and whose economies are doing much worse? The US has over three times as many people with Italian ancestry as we do people with Norwegian ancestry. In fact we have three times more people of Italian ancestry than Norway has Norwegians. https://en.wikipedia.org/wiki/Race_and_ethnicity_in_the_United_States#Ancestry So it just seems odd indeed to assume socialist policies in the US would work out closer to how they work in Norway rather than in how it is working for Italy or Spain or France or England. Italy would need a 47% boost to their economy to match the US gdp per capita and the UK would need a 35% boost to their economy to match the US gdp per capita. By my rough calculations the average Western European/Scandinavian would need about a 40% boost to their countries economy to equal the USA’s economy. That is a fairly dramatic difference in prosperity.

Just a few points of clarification on what socialism is not. 

  1. Socialism is not the only factor that determines how healthy an economy is.   Other factors are important including resources, education, culture, corruption, crime, legal system that respects property rights etc.    
  2. Socialism and democracy are different concepts.  People can democratically elect a soft socialist or even a hard socialist.  This happened when Salvador Allende was elected in Chile.  https://en.wikipedia.org/wiki/Salvador_Allende So saying someone is a “democratic socialist” doesn’t necessarily mean the socialism they are pushing for is less severe than a vanilla hard socialist.  Democracy is a political system not an economic system.   However “democratic socialist” can be a label that attaches to a political party.  And then it can mean whatever that party decides it means.    Just like a “Republican” or “Democrat” is a label for a party that can mean whatever the party decides it will stand for and this can and does change over time.
  3.  Socialism is not the same as to helping the poor.  Often socialists try to argue that socialism will help the poor.  I think that view is mistaken, but regardless people of all different sorts of economic views can help the poor.  Socialism is certainly not the only way to help the poor and indeed there is nothing in the definition of socialism that suggests the government will help the poor.  A socialist government is still a socialist government whether it helps the poor with the property it takes from citizens or not.

Theism’s Role in the Roots of Political Disagreement

06 Thursday Aug 2020

Posted by in apologetics, atheism, christianity, law, metaethics, Morality, philosophy, politics, religion

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In the last few blogs I have posted about some economic data that I think is relevant to political discussions in the US. I have also commented on Eric’s blog trying to explain why some Christians may vote republican and why Jesus was not a socialist. We quickly got in the weeds about data and why we think our data is more important and why we think the facts we mention are more important etc. I think all of those arguments are important in political debate. But neither Eric nor I are really trying to run a political blog. I want my blog to be more philosophical with an aim to show why being a theist is more intellectually fulfilling and coherent than being an atheist.

That topic will necessarily cover a wide variety of subtopics from meta-ethics, morality, to free will, to science, history, scripture, and yes politics. I think Eric and I would both agree that certain political views are anti-christian. But my disagreement with him was that we shouldn’t consider people who vote for one party or the other as Christians. Each party has a wide range of policies that they adopt and rarely are you going to find a party that perfectly matches our christian views. To the extent we are going to say political views on certain policies are christian or anti-christian those policies need to be considered individually. That is why I think Christians can be Democrats or Republicans or even Socialists.

The Catholic Church I believe has done a decent job (although far from perfect) of navigating these debates in this way. It has taken specific stances on issues that it believes are anti-christian but by and large has not emphasized certain political parties as being “Christ’s party” or the “anti-christ’s party”. It should be obvious to anyone reading the Gospels that Christ was not a politician and he was not preaching a political agenda. This is a difference between Islam and Christianity.

But part of the debate between theists and atheists is more centered around which view leads to better government. This is a much more philosophical question. So you might ask if Jesus was not a politician why would we say a theistic outlook is could lead to a better government? And the answer is because the theist has a fundamentally different view of what they are and how they get rights than the atheist. And this fundamentally different view has led to various issues over the past couple of centuries.

All laws are intended to promote certain goods. So questions of about whether morals exist, what they are, and how we know them, will be foundational for any government that is enforcing laws. Most of my blog explains why I believe an atheistic worldview completely fails to establish a coherent view of morality. Without real morality debating laws is essentially the same as debating whether red or white wine is preferable (relativism) or whether batman would beat the silver surfer in a fight (factionalism).

The foundational belief that all humans are made in the image of God is the great equalizer and has provided a basis to reject slavery, racism and killing humans deemed undesirable. Rejecting the idea all humans are made in the Image of God removes a massive barrier to these practices. Efforts to create any similarly sized barrier have not yet materialized.

Theism supports the belief that our rights come from God and therefore the state can violate them. Atheists will often argue that rights are a creation of the state. This is a very different view and has had catastrophic consequences throughout history.

I am not saying Atheists can not run a government or have a moral society. But since they reject the notion that we are all made in the image of God that can be a severe foundational problem. We see this foundational crack play out in many different policies from racism, life issues, free speech, animal rights versus human rights, the relationship between the government and the individual, the relationship between church and state, and many more.

I have drafted a few blogs about some of these issues and hope to post about them in the future.

But for now I would recommend a pretty interesting interview that touches on some of these concerns. Ben Shapiro is a Jewish political commentator that worked his political views back to philosophy. (Yes many of the philosophical arguments I make would also support the Jewish theism.) Whereas I think I worked out philosophy to its political implications. So I think we sort of came at it from different directions but ended up meeting on some common philosophical ground. Now my goal is not to say people should adopt Ben Shapiro’s political views. I do think he does a good job representing conservative positions but I also think people should make sure they understand the positions of democrats and socialists.

But rather I recommend this video for the more philosophical aspects of his discussion. This is mostly covered in 20:00 to about 47:20 so if you are not interested in his personal life you may want to skip there.

https://www.youtube.com/watch?v=ZETvBSlu1tg&t=3914s

We Can’t Control Ourselves but We can Control Others?

05 Wednesday Feb 2020

Posted by in apologetics, atheism, Catholic, christianity, law, metaethics, Morality, philosophy, politics, rationality, religion, Uncategorized

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Do we have free will?  I don’t have anything more to offer as far as evidence.  But I do think it is clear that morality and our justice system is a complete flop if we don’t have free will.   Most proponents of determinism agree that, if they are correct, we are not morally responsible/culpable for our actions.  But they still might believe there is a right and wrong way to act.    So, they don’t completely abandon hope of morality or a rational justice system.

 

In my opinion determinism allows only a crippled view of morality.  It doesn’t matter what direction morality points us we are on a train going wherever we are going and we can’t get off anyway.  Our hope for a rational justice system would also seem to rely on dumb luck.    How might our meta-ethical views concerning determinism impact our criminal justice system?

 

Traditionally criminal laws were grounded on four different notions, vengeance, retribution, deterrence and/or rehabilitation.   Retribution has replaced vengeance, although sometimes people fail to draw a distinction between the two.   I am not aware of anyone who believes in hard determinism but still maintains we should keep retribution as a grounds for our criminal justice system.  Retribution is the most important aspect of our criminal justice system but that will be the topic of another post.  Here, let’s consider the claim that even if determinism is true we can still pass laws for deterrence or rehabilitation purposes.

 

For example, Sam Harris says if you are a determinist like him:   “We could forget about retribution and concentrate entirely on mitigating harm. (And if punishing people proved important for either deterrence or rehabilitation, we could make prison as unpleasant as required.)”

https://samharris.org/life-without-free-will/

 

He like many determinists agree retribution is out.  But he claims we can still hope to achieve two other goals of our criminal justice system – rehabilitation and deterrence.   Deterrence is the idea that we can prevent people from committing crimes if they think undesirable things will happen to them as a result of those crimes.  So we can pass laws with punishments that are unpleasant and thus we make it less likely people will commit crimes.    Rehabilitation, at base, is the notion we can do things to criminals such that they will act in a way we want in the future.

 

So, if we accept determinism and still think deterence and rehabilitation are viable, we find ourselves saying we have no influence or control over our own behavior, but we do have influence and control over other people’s behavior.  Traditional wisdom suggests the opposite.  Common sense suggests we have more influence over our own actions than we do over other’s actions.  Is it possible that we can have no influence over our own actions, yet we are still be able to influence other people’s actions?  No, not in any meaningful sense.

 

I think this is an example of people not fully appreciating the far reaching implications of their position.  If determinism is true then even saying “we could make prison as unpleasant as required” plays on an ambiguity and is not actually accurate.  The ambiguity is in the term “could.”  “Could” can mean: we have the option.  Or “could” might mean: it is possible.

In Harris’s usage he seems to suggest “we have the option to make prison as unpleasant as required.”  But of course, on determinism we have no options.  We must do what we are going to do, and can’t do otherwise.  So that meaning of the word “could” leads to a contradiction in his beliefs.

 

If he means just that “it is possible that we would make prison as unpleasant as required….”  Then we might ask so what?    It may be possible, but we have no influence over our actions so we have no way to make that possibility a reality.

 

Our very sense of self is obliterated by determinism.   We are like ping pong balls in a lottery machine.  Yes we “could” bounce into other balls causing them to jostle and become a winning number.  In the sense of “could” that “it is possible” that happens.  But, of course, those ping pong balls have no control over themselves so it is not an option they have.

 

It makes no sense to take the perspective of the ping pong ball.   If we throw out free will then we throw out our whole notion of self.   It is no longer even sensible or meaningful to think in terms of what we “can” or “could” do.   We are just parts of a system that must act however we are going to act.

 

For those who are interested in the free will debates I highly recommend this set of lectures:

https://www.audible.com/pd/Great-Philosophical-Debates-Free-Will-and-Determinism-Audiobook/B00DGDBO2Q?qid=1580847985&sr=1-1&pf_rd_p=e81b7c27-6880-467a-b5a7-13cef5d729fe&pf_rd_r=FNSXY98EKBP6E5CPEM6G&ref=a_search_c3_lProduct_1_1

Anti-theists and Pharisees can Interpret the Old Testament the Way they Want, I will Interpret it the Way God Wants

12 Tuesday Nov 2019

Posted by in apologetics, atheism, Athesism Christianity, Catholic, christianity, history, law, logic, metaethics, Morality, philosophy, rationality, scripture, Uncategorized

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This a second post about how Christians should deal with the objections to Christianity based on Old Testament verses.  Often opponents of Christianity will try to tell Christians about the parts of the bible that were not “cherry picked” by their Church or Sunday school teachers.  They will often talk about how they read “the whole bible.” And then start spewing out all these obscure bits and pieces of the Old Testament – and then accusingly ask “do you believe that!?”  If you try to interpret the scripture in a way that complies with the basic gist of your faith, (as opposed to their hyper-literalist reading) they will say you are just making up that interpretation.  If you simply say, well I don’t know what to make of that scripture they will say aha! You don’t even know your own scripture.   If this is troubling you then this blog is for you – and hopefully those opponents of Christianity who engage in this line of argument.

I think the best response to this is to test out how much they actually know about the bible.  Simply ask them: What did Jesus say about the old testament scriptures?  The Gospels are full of Jesus being tested on interpretations of the old testament!  We will get to these in a bit.

Don’t be surprised if the only thing the Christian opponent will remember is the “one jot”passage from Matthew  that I blogged about here. I get that as a response so often that I chose to just blog about it first.  When get this passage  (and you inevitably will if you do this apologetics schtick long enough)  Ask them if they know when Jesus said that and how he elaborated on what he meant.  The above blog deals with that quote and the context much more extensively, but in sum, the quote was part of his famous the Sermon on the Mount.    He clearly elaborates what he means and likely contradicts the anti-theist’s approach to the old testament – which are usually literalistic and amazingly similar to the pharisees of Jesus time that often wanted to “test” him.

Ask them if Jesus ever summarizes the old testament.   Does he give us guidance as to how we should understand the old testament as a whole so that we live the lives he calls us to?  People who have actually read the Gospels will know he does, repeatedly.  The Gospels record numerous situations where Jesus repeatedly teaches by his actions and words how we should understand the Old Testament.   It would be good to see if the remember any.   I have gathered up several passages where Jesus himself addresses the Old Testament Scriptures.

But before I begin why just quote Jesus?  Why not Popes or other Scripture?   I certainly could, but, Jesus is the lens through which we should read all Christian writings, not the other way around.    When we interpret scripture we of course should make sure we are interpreting it in a way that God directly tells us we should!     Jesus himself informs us that scripture is not just the word of God – it has dual authorship.  See e.g., Mark 10:1-12.

Regardless of how one might understand scripture the vast majority of Christians will agree that when Jesus says something it is God speaking very directly.  Jesus is the head of the church (Colossians 1:18) not the pope, not the bible, but Jesus.  Christians can disagree with each other about scripture.  Martin Luther even said James contradicted Paul.  But if Jesus himself is telling us how to interpret the old testament, a Christian should listen up.

What did Jesus say?   The most important point is that Jesus repeatedly summed up the old testament.  He did not dive in and give us rules for each and every verse of all forty-six books of the old testament.  That would be a continuation of the rules model that he superseded.  Instead he repeatedly tells us we should understand a general bottom line from the old testament and repeatedly rejects precisely the literalist interpretations offered today by certain anti-theists.  (Although, it was religious leaders taking the literalistic view of the old testament in Jesus’s day.)    So what is the bottom line God explicitly tells us we should take from those 46 books?  Let us quote God directly from the Matthew, Mark, Luke, and John:

Matthew:

 “So in everything, do to others what you would have them do to you, for this sums up the Law and the Prophets.” Matthew 7:12

This is then repeated:

“Hearing that Jesus had silenced the Sadducees, the Pharisees got together. One of them, an expert in the law, tested him with this question: “Teacher, which is the greatest commandment in the Law?”

Jesus replied: “ ‘Love the Lord your God with all your heart and with all your soul and with all your mind.’ This is the first and greatest commandment. And the second is like it: ‘Love your neighbor as yourself.’ All the Law and the Prophets hang on these two commandments.””

Matthew 22:34-40

Mark:

One of the teachers of the law came and heard them debating. Noticing that Jesus had given them a good answer, he asked him, “Of all the commandments, which is the most important?”

“The most important one,” answered Jesus, “is this: ‘Hear, O Israel: The Lord our God, the Lord is one.[e] Love the Lord your God with all your heart and with all your soul and with all your mind and with all your strength.’[f] The second is this: ‘Love your neighbor as yourself.’[g] There is no commandment greater than these.” Mark 12:28-31

Luke:

“ On one occasion an expert in the law stood up to test Jesus. “Teacher,” he asked, “what must I do to inherit eternal life?”

“What is written in the Law?” he replied. “How do you read it?”

He answered, “‘Love the Lord your God with all your heart and with all your soul and with all your strength and with all your mind’[a]; and, ‘Love your neighbor as yourself.’[b]”

“You have answered correctly,” Jesus replied. “Do this and you will live.”

But he wanted to justify himself, so he asked Jesus, “And who is my neighbor?”

[Jesus responds with the Parable of the Good Samaritan]

Luke 10:25-37

And John:

“As the Father has loved me, so have I loved you. Now remain in my love. If you keep my commands, you will remain in my love, just as I have kept my Father’s commands and remain in his love. I have told you this so that my joy may be in you and that your joy may be complete.  My command is this: Love each other as I have loved you. Greater love has no one than this: to lay down one’s life for one’s friends. You are my friends if you do what I command.  I no longer call you servants, because a servant does not know his master’s business. Instead, I have called you friends, for everything that I learned from my Father I have made known to you. You did not choose me, but I chose you and appointed you so that you might go and bear fruit—fruit that will last—and so that whatever you ask in my name the Father will give you. This is my command: Love each other.”

John 15:9-17

It isn’t a pope who is saying these things.  It isn’t a protestant reformer or a Sunday School teacher.   It is God himself telling us what the bottom line is.    If you are interpreting any of the old testament in a way that goes against this then are you going against God’s interpretation.  I am not interpreting God, I am quoting him.   Accordingly, churches are not “cherry picking” passages but rather being mindful of what God explicitly told them they should take away from the scripture.   Sure they will focus on the passages that they feel deliver the message God told us we should get from the Old Testament and not dwell on passages where it is hard to see the connection.  But that is not cherry picking that is being obedient to God.

Scripture is God revealing himself to us at very different times and environments.  But God is infinite and our understanding is finite.   It should not be surprising that God will use different tools that work better for some times and places than they do for others.  And it should not be surprising that scripture will never entirely reveal everything about God so we can completely understand God as a whole.  So the fact that we look at some verses of the 73 books and have to shrug our shoulders should not be surprising!  An infinite being revealing himself is not the same as telling the story of Harry Potter.     Does God give us enough direction to live a moral life.  I think any honest reader of the gospels would agree he does.

God took the time to give us a summary of the old testament.   I do think Christians should at least understand this often repeated summary.  Love God and love each other.  So if we read a passage and we don’t see how it yields what God told us it should, then it is fine to say we are not sure what we should make of that passage.    Perhaps the story is conveying a message to people based on understandings we have lost.   Perhaps what seemed loving and forgiving to the ancients no longer seems so.   Jews and Christians have made quite a bit of moral progress over the last several centuries.  An eye for an eye and a tooth for a tooth may seem extreme to us but it may have been a very moderate statement if the culture typically asked for the heads a culprit’s whole family in exchange for a tooth.  As we might expect God’s guidance has helped us make moral progress!

Jesus said as much himself.  At times scripture was written as a practical tool to guide people in the state they were in at the time.  See e.g., Matthew 19:1-9 and Mark 10:1-12.  Where Jesus says although the old testament allowed divorce that was not really how we should live.   (I would note Paul points out Jesus said this and that would be very hard to square with the view that Paul did not think Jesus was alive on earth as some Mythicists would claim.  “And unto the married I command, yet not I, but the Lord, Let not the wife depart from her husband” 1 Corinthians 7:10.)

Let’s look at how Jesus himself applies his bottom line summary in response to the Pharisees who often would raise almost the identical issues that Christian opponents raise today.

Stoning People

John 8:2-11 is an obvious and direct answer from Jesus on how we should deal with old testament laws:

“At dawn he appeared again in the temple courts, where all the people gathered around him, and he sat down to teach them.  The teachers of the law and the Pharisees brought in a woman caught in adultery. They made her stand before the group  and said to Jesus, “Teacher, this woman was caught in the act of adultery.  In the Law Moses commanded us to stone such women. Now what do you say?”  They were using this question as a trap, in order to have a basis for accusing him.

But Jesus bent down and started to write on the ground with his finger.  When they kept on questioning him, he straightened up and said to them, “Let any one of you who is without sin be the first to throw a stone at her.”  Again he stooped down and wrote on the ground.

At this, those who heard began to go away one at a time, the older ones first, until only Jesus was left, with the woman still standing there. Jesus straightened up and asked her, “Woman, where are they? Has no one condemned you?”

“No one, sir,” she said.

“Then neither do I condemn you,” Jesus declared. “Go now and leave your life of sin.”

These ancient codes like Lev. 20:10; Deut 22:22 have been so often quoted by Christian opponents you would think Jesus never addressed any of them, let alone addressed them directly and explicitly.

Many atheists will talk about how this passage from John does not appear in existing early texts.  But that is a red herring.  All Christian Churches I am aware of include this passage in their scripture.   Whether it was in early transcripts and taken out of some – or was a story about Jesus that was passed on and later included into John is unimportant.  It is part of our scipture and it tells us what God said.

In any case this is just one of many examples where Jesus’s bottom line that old testament laws must be understood in terms of treating others as you would like to be treated.  That would of course include judging others as we would like to be judged.    See e.g., Matthew 7:1-5, Luke 6:37-42 and Luke 6:31-36.  Where Jesus tells us to focus on our own shortcomings instead of trying to judge others for theirs.    These teaching not to judge others guts the penal aspects of the old testament across the board.  But let’s move to some other specific examples.

Healing on the sabbath, another rule broken! 

“Another time Jesus went into the synagogue, and a man with a shriveled hand was there.  Some of them were looking for a reason to accuse Jesus, so they watched him closely to see if he would heal him on the Sabbath.  Jesus said to the man with the shriveled hand, “Stand up in front of everyone.”

Then Jesus asked them, “Which is lawful on the Sabbath: to do good or to do evil, to save life or to kill?” But they remained silent.

He looked around at them in anger and, deeply distressed at their stubborn hearts, said to the man, “Stretch out your hand.” He stretched it out, and his hand was completely restored.  Then the Pharisees went out and began to plot with the Herodians how they might kill Jesus.”

Mark 3:1-6.  See also Matthew 12:10-13, Luke 13:10-17

Harvesting Grain on the Sabbath was explicitly forbidden in Exodus 16:23–29 even gathering sticks was not permitted Numbers 15:32–36.  So we should not be surprised by the Pharisees who are so similar to many of today’s literalist rule obsessed Christian opponents.

“At that time Jesus went through the grain fields on the Sabbath. His disciples were hungry and began to pick some heads of grain and eat them.  When the Pharisees saw this, they said to him, “Look! Your disciples are doing what is unlawful on the Sabbath.”

He answered, “Haven’t you read what David did when he and his companions were hungry?  He entered the house of God, and he and his companions ate the consecrated bread—which was not lawful for them to do, but only for the priests.  Or haven’t you read in the Law that the priests on Sabbath duty in the temple desecrate the Sabbath and yet are innocent?  I tell you that something greater than the temple is here.  If you had known what these words mean, ‘I desire mercy, not sacrifice,’ you would not have condemned the innocent.  For the Son of Man is Lord of the Sabbath.”

Matthew 12:1-8

“Unclean” woman and Jesus.

Leviticus 15 talks about how women who are menstruating are unclean.  It is not just that an unclean person should not touch be touched by anyone, but you become unclean even if you touch things they touch! They are not supposed to touch anyone, and they are supposed to yell they are unclean so that others won’t contact them.   Yet she touches Jesus and Jesus does not condemn her for violating the Rules.   Indeed, he even praises her for her faith and heals her!  Matthew 9:18-23 Luke 8:43-48  and Mark 5:21-34.

According to Leviticus 13:45-46 and Numbers 5:2 lepers are also unclean.  So people are not supposed to touch them.   But what does Jesus do?  Yep he “reached out his hand…. but quickly pulled back saying ‘the rules say I can’t touch a leper, sorry dude!’ and walked on by” Anti-theist bible page 752:42.

For those interested in Christianity here is what the Christian Gospels say:

“When Jesus came down from the mountainside, large crowds followed him. A man with leprosy came and knelt before him and said, “Lord, if you are willing, you can make me clean.”

Jesus reached out his hand and touched the man. “I am willing,” he said. “Be clean!” Immediately he was cleansed of his leprosy. Then Jesus said to him, “See that you don’t tell anyone. But go, show yourself to the priest and offer the gift Moses commanded, as a testimony to them.”

Matthew 8:1-4

See also Luke 5:13 “Then He put out His hand and touched him…”

Rules says we are not supposed to touch corpses Numbers 19:11-22 and number 5:2. But he seems to do just that when he takes a dead girl’s hand in Matthew 9:23-25.  Now Jesus said she was just “sleeping” but I do think the author intends us to think she had died in the sense we would mean by it.

Jesus also cuts against the teachings that one might read in the OT that misfortunes are the results of our sin or those of our ancestors.  Exodus 20:5 Deuteronomy 5:9 and Second Samuel 3:29.  No doubt passages like these lead the disciples to ask whether a man blind from birth was suffering due to his own sins or those of his parents.  Jesus said “Neither this man nor his parents sinned,” John 9:3. See also Luke 13:4-5

“Or those eighteen who were killed when the tower of Siloam fell on them—do you think that they were worse offenders than all the others living in Jerusalem?  No, I tell you; but unless you repent, you will all perish just as they did.”

In my last blog I talked about the rule based systems Jesus is here repeatedly and emphatically moving away from and rather pointing us in a moral direction.  That direction can best be expressed by loving God and treating others as you would want to be treated.   That is the basic rule Jesus applied above and it can serve us to address all these “tests”.

Imagine this from the perspective of the woman caught in adultery and the rule Jesus is asked to address.    Imagine being a person suffering from paralysis or blindness and believing Jesus can heal you, but unfortunately the time Jesus comes near just happens to be the Sabbath so he follows the rule and says he will not work that day so you are out of luck.   What if you were the woman who suffered from hemorrhaging for years (thus preventing you from going to temple and forcing you to be considered unclean causing you to be outcast from society) knowing that if only you touched him you would be cured.  But when you did touch him instead of healing you he reprimanded you for breaking the rule!  Lepers obviously suffered.  They also had to announce to others they were unclean.  Jesus could heal you with a touch but sadly touching was against a rule so he walked by.  Putting ourselves in the shoes of others is the key that now makes all these “tests” seem easy.   If you were a pharisee listening to the Gospels at Jesus time I am not sure you would always anticipate how he answers these tests.  Jesus directly and radically changed the rule based system.   That is one of many reasons why the Gospels are so amazing.

Am I saying that God Changed what is Moral?

People often misunderstand what relativism is or at least when it is objectionable to the moral realist.  The moral realist does not say that a certain action – say killing someone is always immoral.  Rather they say that it is not dependent on the mind of the person judging.   So there may not be anything wrong with someone making an “eeeeee” sound.  But if you know that action is aggravating/effecting those around you then it may be immoral.  The moral realist is fine with that view.  The moral realist agrees the surrounding facts can effect the morality of a specific action.  However the objective moral realists says the rightness or wrongness of a given set of facts is not relative to the mind of the person doing the judging.  So if Jesus not stoning the adulteress (assuming all the facts and circumstances of her case) then it is not evil then it doesn’t matter if some Pharisee thought it was evil.    The relativist would say his not stoning her could be morally good for Jesus but not morally good for the Pharisee.  I address this common misconception of relativism here.

The passage from Mark 3:1-6 is especially illuminating on this point.   Jesus states “ Which is lawful on the Sabbath: to do good or to do evil….”  Of course, if it were objectively evil to break a rule (do any work on the sabbath) his statement would not make sense.  But they know what Jesus did was good and not evil despite the rule!  And Jesus knew he did not need to explain.  How did he know?  Because God is a loving relational being and he made us in his image.  Yet we are so attached to rules that even today people will still ask is ok to work (in a hospital healing people no less) on the sabbath?  Following Jesus does not require a high IQ and an understanding of a complicated rule system.  That is not why it is hard to follow him and do good.

Hopefully anyone can see one of the main messages that Jesus repeatedly taught was that specific rules are often twisted so that they work against their intended goal.   He repeatedly tells us what the moral goal is (love) and shows us how to apply that goal to our thinking.   This is why I am somewhat baffled by people asking why didn’t Jesus just simply announce another rules against [insert whatever specific rule you want].    “’Are you still so dull?’ Jesus asked them.” Matthew 15:16

It is likely just that people haven’t read the Gospels, or if they did, they read them with a motivation other than trying to understand what Jesus was trying to communicate.      The anti-theists of today are so much like the Pharisees thinking they could teach morality better than Jesus by using the rule based system.   It is almost miraculously prophetic how Jesus addresses this same issue so directly and repeatedly.  It is also amazing that just as in Jesus day those who want to harden their hearts to his message will succeed and not understand even the basics of what he repeatedly taught.

So when Christian opponents say we are “cherry picking” passages or reading the passages in ways that allow us to be loving, we should admit it is true.  That is what God told us to do.   Don’t let their ignorance of even the basic, repeated, and explicit teachings of Jesus lead us off the path God told us to take.

Slavery and Christianity: The First Known Abolitionist Speech.

01 Monday Jul 2019

Posted by in apologetics, atheism, Catholic, christianity, history, law, metaethics, Morality, politics, rationality, religion, Uncategorized

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Understanding the ancient world is often difficult for those who were raised in a Christian Culture.  It is very hard to believe that slavery was ubiquitous in the ancient world.  Why did they tolerate it?  It seems like they just treated it as we treat different roles.  Some people will own the restaurant some will bus the tables and some will cook etc.  People can own animals, and people are animals, so why not?   Aristotle expressed this view:

“And indeed the use made of slaves and of tame animals is not very different; for both with their bodies minister to the needs of life.”

Aristotle, Politics

 

At first blush Paul’s exhortation to seems take the view that being a slave is just another role people have:

 “Children, obey your parents in the Lord, for this is right. “Honor your father and mother”—which is the first commandment with a promise— “so that it may go well with you and that you may enjoy long life on the earth.”  Fathers, do not exasperate your children; instead, bring them up in the training and instruction of the Lord.

 

Slaves, obey your earthly masters with respect and fear, and with sincerity of heart, just as you would obey Christ. Obey them not only to win their favor when their eye is on you, but as slaves of Christ, doing the will of God from your heart. Serve wholeheartedly, as if you were serving the Lord, not people, because you know that the Lord will reward each one for whatever good they do, whether they are slave or free.

And masters, treat your slaves in the same way. Do not threaten them, since you know that he who is both their Master and yours is in heaven, and there is no favoritism with him.”

Ephesians 6.

At one level this passage seems to accept these roles.  At that level this passage reminds me of my father telling me he didn’t care what I did just whatever I did I should, do it well.     Of course, today we don’t see slavery as just another role.

 

But, he says “And masters treat your slaves in the same way” right after he describes how a slave should treat their master.  What?!?     This is often overlooked by people when they are trying to be critical of Paul and Christianity.  So how should a master treat his slave “the same way” Paul wants a slave to treat his master?  Well let’s fill that in:

 “Obey your earthly [slaves] with respect and fear, and with sincerity of heart, just as you would obey Christ.  Obey them not only to win their favor when their eye is on you, but as slaves of Christ, doing the will of God from your heart. Serve wholeheartedly, as if you were serving the Lord, not people, because you know that the Lord will reward each one for whatever good they do, whether they are slave or free.”

 

Whoa, that’s pretty crazy stuff for his time.  But, of course, it naturally follows from the view that “the first will be last and the last will be first” Mathew 20:16 and “I tell you, whatever you did for one of the least of these brothers and sisters of mine, you did for me.” Mathew 25:40.  I mean if this is really what that God wanted us to believe you would expect him who has power over us to come and do something like wash the feet of his own creation. John 13.

 

Paul and Christ are doing much more than arguing for a change of legal codes.  They want our heart, mind, and soul to point in the direction of love for another as opposed to us seeing others as tools.  They want us to view our relationships with other people in an entirely different way that cannot be captured in law and works regardless of the laws we live under.

Clearly this passage like so many others in Christianity turns what was the common view on its head.  We are all to be servants of Christ and by that we do what he wants which is to be servants of each other.  Not because we are forced but because of the love he wants us to build for each other.

 

But slavery was accepted everywhere for so long, why did people change their view and start thinking peopled should not own other people?  We see Paul is starting to really upset the apple cart but he still seems to accept the institutional roles themselves at least superficially.    How did we start to see this differently, and start to see the institution of slavery as immoral?  Of course If morality is defined as whatever we want then it seems the change would just be arbitrary like the wind.

 

One way to at least approach an answer to this question, is to examine the reasons given by the first person we know of to argue against Slavery as flat out being immoral.     This will give us an idea of the original grounds to break from that long established but immoral tradition.

 

There were certain Stoics who took a view somewhat similar to Paul’s, in that we are meant to be free in a spiritual sense and this can be extended to the physical sense.  And indeed the Stoic Dr. Piggliucci quotes, Seneca the younger, was so loved by early Christians that he was often referred to as a proto-christian Saint by them!

 

I would liken some of these statements from Stoics to some of Paul’s.    E.g., Paul asks Philemon that he free his slave out of love rather than have him order to do what he ought to do, and there is no such thing as slave or free in Christ,  and that it is good that slaves become free and that they stay free First Corinthians 7:21-24.    Paul like these stoics stopped short of giving a giving lengthy attack on slavery itself.

 

Dr. Piggliucci says  “That said, it is certainly the case that no Stoic questioned the very institution of slavery. But it is rather unfair to criticize Stoicism in particular for this failure. Every single ancient philosophy and religion, including Christianity, has incurred in the same failure.”  He may be right about other ancient philosphys and religions but based on what I say below I think Christianity is indeed different.  Even if we don’t count the teachings of Jesus and Paul as making slavery obsolete we have at least one Ancient Christian attacking slavery.

 

I would also question Dr. Piggliucci suggesting racism had nothing to do with ancient justification for slavery.  He says:

“The Colonial idea of slavery was intrinsically racist, founded on the conceit that some people are literally sub-human, not worthy of the same consideration as the rest of us. That was not the case in Ancient Greece and Rome, where one could become a slave by losing a battle.”

 

Consider this quote from Plato:

“…nature herself intimates that it is just for the better to have more than the worse, the more powerful than the weaker; and in many ways she shows, among men as well as among animals, and indeed among whole cities and races, that justice consists in the superior ruling over and having more than the inferior.”

 

Plato, Gorgias

 

Moreover, Aristotle specifically addressed this case and said that if a person who was not naturally a slave was made a slave after being captured in battle (a legal slave) it would be wrong for them not to be freed.  And if a person who was a natural slave was freed by law that would also be wrong not to re-enslave him.  See politics book 1 part 6.

 

What made someone naturally a slave and another naturally a ruler?  That is somewhat unclear but he seems fairly sympathetic to the view that “Helenes” (Greeks) are fit to rule.  Whereas non-Greeks “barbarians”  have no one fit to rule as they are all natural slaves. “But among barbarians no distinction is made between women and slaves, because there is no natural ruler among them: they are a community of slaves, male and female.” Politics book one part 2.

 

Aristotle also talks about the inability to understand certain things would make someone more fit to be a slave.    But whatever the details it is fairly clear he sees the natural slaves as inferior to the natural masters.  Here is a quote that also gives us some insight as to some other moral views Christianity inherited from the ancient world:

“And it is clear that the rule of the soul over the body, and of the mind and the rational element over the passionate, is natural and expedient; whereas the equality of the two or the rule of the inferior is always hurtful. The same holds good of animals in relation to men; for tame animals have a better nature than wild, and all tame animals are better off when they are ruled by man; for then they are preserved. Again, the male is by nature superior, and the female inferior; and the one rules, and the other is ruled; this principle, of necessity, extends to all mankind.”

Aristotle politics book 1 part 5.

 

It is for these reasons I would question Dr. Piggliucci’s statement suggesting the bigotry of the later centuries was not around in ancient times.

 

In any case the first known assault on the very notion of slavery comes from Saint Gregory, the Bishop of Nyssa.  He lived from @335- @395 AD.  I quote a translation of his attack on slavery from a homily on ecclesiastics where the person boasts of owning slaves.  I will offer a rather lengthy quote because it is important to get the reasoning.   The reasoning of the first people to take a different view is evidence of what caused the gradual change to our current views.  Moreover, the first known argument against slavery is in my opinion a text worth reading in its own right.

 

…..as for a human being to think himself the master of his own kind? “I got me slaves and slave-girls”, he says, and homebred slaves were born for me.

 

Do you notice the enormity of the boast? This kind of language is raised up as a challenge to God. For we hear from prophecy that all things are the slaves of the power that transcends all (Ps 119/118,91). So, when someone turns the property of God into his own property and arrogates dominion to his own kind, so as to think himself the owner of men and women, what is he doing but overstepping his own nature through pride, regarding himself as something different from his subordinates?

 

I got me slaves and slave-girls. What do you mean? You condemn man to slavery, when his nature is free and possesses free will, and you legislate in competition with God, overturning his law for the human species. The one made on the specific terms that he should be the owner of the earth, and appointed to government by the Creator – him you bring under the yoke of slavery, as though defying and fighting against the divine decree.

 

You have forgotten the limits of your authority, and that your rule is confined to control over things without reason. For it says Let them rule over winged creatures and fishes and four-footed things and creeping things (Gen, 1,26). Why do you go beyond what is subject to you and raise yourself up against the very species which is free, counting your own kind on a level with four-footed things and even footless things? You have subjected all things to man, declares the word through the prophecy, and in the text it lists the things subject, cattle and oxen and sheep (Ps 8,7- 8). Surely human beings have not been produced from your cattle? Surely cows have not conceived human stock? Irrational beasts are the only slaves of mankind. But to you these things are of small account. Raising fodder for the cattle, and green plants for the slaves of men, it says (Ps 1041 103,14). But by dividing the human species in two with ‘slavery’ and ‘ownership’ you have caused it to be enslaved to itself, and to be the owner of itself.

 

I got me slaves and slave-girls. For what price, tell me? What did you find in existence worth as much as this human nature? What price did you put on rationality? How many obols did you reckon the equivalent of the likeness of God? How many staters did you get for selling the being shaped by God? God said, Let us make man in our own image and likeness (Gen 1,26). If he is in the likeness of God, and rules the whole earth, and has been granted authority over everything on earth from God, who is his buyer, tell me? who is his seller? To God alone belongs this power; or rather, not even to God himself. For his gracious gifts, it says, are irrevocable (Rom 11,29). God would not therefore reduce the human race to slavery, since he himself, when we had been enslaved to sin, spontaneously recalled us to freedom. But if God does not enslave what is free, who is he that sets his own power above God’s?

 

How too shall the ruler of the whole earth and all earthly things be put up for sale?  For the property of the person sold is bound to be sold with him, too. So how much do we think the whole earth is worth? And how much all the things on the earth (Gen 1,26)? If they are priceless, what price is the one above them worth, tell me? Though you were to say the whole world, even so you have not found the price he is worth (Mat 16,26; Mk 8,36). He who knew the nature of mankind rightly said that the whole world was not worth giving in exchange for a human soul. Whenever a human being is for sale, therefore, nothing less than the owner of the earth is led into the sale-room. Presumably, then, the property belonging to him is up for auction too.  That means the earth, the islands, the sea, and all that is in them. What will the buyer pay, and what will the vendor accept, considering how much property is entailed in the deal?

 

But has the scrap of paper, and the written contract, and the counting out of obols deceived you into thinking yourself the master of the image of God? What folly! …

 

The Bishop’s indignation is palpable.   So while many of the ancients seemed to see people as an animal that would have value often based on traits they had no control over, such as intelligence or race etc.  Christianity and Judaism introduced a different way to understand who we are separated by God from the other animals and things of creation.

  1. Humans are priceless. God gave us everything in the world and that is priceless and so as owners clearly we are priceless.
  2. God gave us authority over animals and plants but not other people. Our God given authority does not go that far.
  3. The least shall be first and first shall be last, and how we treat the least is how we treat God himself. (This one was not in the Bishop’s text but permeates the Christian message.)
  4. And yes we are made in the image of God! Jesus built on this idea in saying we should refer to God as our Father.  Hence, we are all children of God.   We don’t try to analyze the worth of human being based on traits like race, ethnicity, intelligence or ability/disability.  We are all Children of God made in his image.    We all know we would not want our own children to be used and thought of as tools for someone else, we can rest assured God does not want that for his children made in his image either.

 

These are the seeds that lead inevitably to the assured destruction of slavery.  So long as we hold to these principles it seems impossible that people would ever treat other people as property again.   But we can also see how the reasoning of the pre-christians (that can indeed lead to our value being reduced based on certain traits) is slipping back into the ethical discourse.   As people, for whatever reason, want to distance their views from Christianity they seem to be saying personhood and our worth is based on certain traits we have rather than affirming the four principles I list above that reveal the sanctity of all human life regardless of the traits that person has.

It took far too long because our views were so different from God’s.  The Christian (or Jewish view when you consider the arguments from Genesis) view was not the view held by any other ancient people.  We believe all humans are connected to God in important ways.  For others mastery of everything was good.  So what could be better than mastery over other humans? “And there are many kinds both of rulers and subjects and that rule is the better which is exercised over better subjects- for example, to rule over men is better than to rule over wild beasts;”  Aristotle Politics Book 1.   To the ancients, people were fungible and their value was assessed by their traits, like the value of any other animal or thing.

 

But once we started to understand our role and that of God’s it was inevitable slavery would go.  So long as we hold onto that understanding it can never return.   Genesis was a huge part of this understanding.  Those who read Genesis as nothing but a scientific text miss so much. (or even primarily a scientific text)  It portrays us differently than other myths in important ways.  But when people just read it like any other creation myth they miss out on the most important parts.

 

Saint Gregory, the Bishop of Nyssa, offered his congregation good reasons to reject slavery when he wrote that Homily.   Many of the views would be repeated today and throughout history to provide the truest and best foundation for humanism generally.

 

If I said I am in favor of banning slavery based on the arguments presented by Saint Gregory would I be charged with “forcing my religious views on others?”

 

A Moral Question for Atheists: Animal Rights

04 Tuesday Jun 2019

Posted by in apologetics, atheism, Catholic, christianity, law, Morality, philosophy, Uncategorized

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I do not think it is a coincidence that the last century’s worst moral offenders happened to be anti-Christian.  I am certainly not saying all atheists are morally horrible people.  Nevertheless, I also think people who claim rejecting belief in God can somehow be done with little or no damage to our overall worldview (I would prefer to use the term “noetic structure”, since I think there are real contradictions created, but I will just use the term “worldview” as it less technical) are either dreadfully mistaken or dishonest.

 

I have a few blogs posts drafted that I would like atheists to think about concerning legal rights and generally about moral and legal issues.   I really think beliefs are only as strong as the reasons we have for them.  So when the foundations for moral beliefs are taken away we should fully expect the moral beliefs they hold to fall with time as well.   If you want to be atheist in a culture that was created by Christianity you will hopefully realize you should try to patch up the foundations – or at least see with eyes wide open how morality and legal systems are effected.

 

 

Consider this:

While driving I accidentally hit a deer and it is badly hurt on the side of the road.   If I called an ambulance it might survive after a surgery and medical care that might cost $100,000.00.  I think it would be moral for me to keep driving.   It might be better if I thought it would suffer and to take a gun and shoot it if I had one in the car.

 

Now consider how we treat a person that we hit with a car.   We handle that quite differently.   Human life is a sacred gift from God and Humans are made in Gods image.  So this disparity is perfectly natural for a Christian society.    But if we are just animals like other animals and there is nothing sacred about human life why should we think this disparity is justified?  Deer seem to suffer.  Many animals seem to be at least as conscious as new born infants.

 

Now you might say the disparity is not justified.  But then the question is should we treat people like deer or deer like people?   As you think this through try to notice if you are rationalizing your conclusions or if you are truly “reasoning” your way to the conclusions.

 

In any event this moral confusion was evident in Nazi Germany which passed strict animal protection laws.

A telling quote is from Joseph Goebbels, Nazi Minister of Propaganda:

“The Fuhrer is deeply religious, though completely anti-Christian. He views Christianity as a symptom of decay. Rightly so. It is a branch of the Jewish race… Both [Judaism and Christianity] have no point of contact to the animal element, and thus, in the end, they will be destroyed. The Fuhrer is a convinced vegetarian, on principle. His arguments cannot be refuted on any serious basis. They are totally unanswerable.”

Goebbels Diaries, 29 December 1939

By the way, I am not saying Hitler was atheist, but he was anti-christian and clearly rejected the teaching that human life is sacred.

 

 

What is the Law on these Political Issues?

30 Monday Oct 2017

Posted by in law, politics, Trump, Uncategorized

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There is no law against “collusion” unless you are talking about anti-trust issues between corporations.  Basically what we are really looking for is whether there was a “conspiracy.”  Conspiracy is best understood simply as an agreement to commit a crime.

If Hillary Clinton or Donald Trump “conspired” then they must have agreed with another person to have a crime committed.    For Trump one crime might be to have hacked the DNC computers.  But it does not appear he was really involved in the actual hacking of those computers.

 

However, there is a quite broad statute preventing foreign nationals from contributing or donating anything of value to a campaign.  52 usc 30121:

 

§30121. Contributions and donations by foreign nationals

(a) Prohibition

It shall be unlawful for—

(1) a foreign national, directly or indirectly, to make—

(A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election;

(B) a contribution or donation to a committee of a political party; or

(C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 30104(f)(3) of this title); or

(2) a person to solicit, accept, or receive a contribution or donation described in subparagraph (A) or (B) of paragraph (1) from a foreign national.

(b) “Foreign national” defined

As used in this section, the term “foreign national” means—

(1) a foreign principal, as such term is defined by section 611(b) of title 22, except that the term “foreign national” shall not include any individual who is a citizen of the United States; or

(2) an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101(a)(22) of title 8) and who is not lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8.

 

 

 

So right off the bat we can see that section 1 is extremely broad.  Honestly I am not sure this is healthy for a free society.  And would invite comments in that regard.

 

Here is 2 usc 441e

§441e. Contributions by foreign nationals

(a) It shall be unlawful for a foreign national directly or through any other person to make any contribution of money or other thing of value, or to promise expressly or impliedly to make any such contribution, in connection with an election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office; or for any person to solicit, accept, or receive any such contribution from a foreign national.

(b) As used in this section, the term “foreign national” means—

(1) a foreign principal, as such term is defined by section 611(b) of title 22, except that the term “foreign national” shall not include any individual who is a citizen of the United States; or

(2) an individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8.

(Pub. L. 92–225, title III, §319, formerly §324, as added Pub. L. 94–283, title I, §112(2), May 11, 1976, 90 Stat. 493; renumbered §319, Pub. L. 96–187, title I, §105(5), Jan. 8, 1980, 93 Stat. 1354.)

 

Regulations go into more detail on these terms specifically regulation

11 CFR 110.20

  1. Definitions.For purposes of this section, the following definitions apply:

    1. 1.Disbursement has the same meaning as in 11 CFR 300.2(d).

    2. 2.Donation has the same meaning as in 11 CFR 300.2(e).

    3. 3.Foreign national means—

      1. i.A foreign principal, as defined in 22 U.S.C. 611(b); or

      2. ii.An individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence, as defined in 8 U.S.C. 1101(a)(20); however,

      3. iii.Foreign nationalshall not include any individual who is a citizen of the United States, or who is a national of the United States as defined in 8 U.S.C. 1101(a)(22).

    4. 4.Knowingly means that a person must:

      1. i.Have actual knowledge that the source of the funds solicited, accepted or received is a foreign national;

      2. ii.Be aware of facts that would lead a reasonable person to conclude that there is a substantial probability that the source of the funds solicited, accepted or received is a foreign national; or

      3. iii.Be aware of facts that would lead a reasonable person to inquire whether the source of the funds solicited, accepted or received is a foreign national, but the person failed to conduct a reasonable inquiry.

    5. 5.For purposes of paragraph (a)(4) of this section, pertinent facts include, but are not limited to:

      1. i.The contributor or donor uses a foreign passport or passport number for identification purposes;

      2. ii.The contributor or donor provides a foreign address;

      3. iii.The contributor or donor makes a contribution or donation by means of a check or other written instrument drawn on a foreign bank or by a wire transfer from a foreign bank; or

      4. iv.The contributor or donor resides abroad.

    6. 6.Solicit has the same meaning as in 11 CFR 300.2(m).

    7. 7.SAFE HARBOR.For purposes of paragraph (a)(4)(iii) of this section, a person shall be deemed to have conducted a reasonable inquiry if he or she seeks and obtains copies of current and valid U.S. passport papers for U.S. citizens who are contributors or donors described in paragraphs (a)(5)(i) through (iv) of this section. No person may rely on this safe harbor if he or she has actual knowledge that the source of the funds solicited, accepted, or received is a foreign national.

  2. b.Contributions and donations by foreign nationals in connection with elections.A foreign national shall not, directly or indirectly, make a contribution or a donation of money or other thing of value, or expressly or impliedly promise to make a contribution or a donation, in connection with any Federal, State, or local election.

  3. c.Contributions and donations by foreign nationals to political committees and organizations of political parties.A foreign national shall not, directly or indirectly, make a contribution or donation to:

    1. 1.A political committee of a political party, including a national party committee, a national congressional campaign committee, or a State, district, or local party committee, including a non-Federal account of a State, district, or local party committee, or

    2. 2.An organization of a political party whether or not the organization is a political committee under 11 CFR 100.5.

  4. d.Contributions and donations by foreign nationals for office buildings.A foreign national shall not, directly or indirectly, make a contribution or donation to a committee of a political party for the purchase or construction of an office building. See 11 CFR 300.10 and 300.35.

  5. e.Disbursements by foreign nationals for electioneering communications.A foreign national shall not, directly or indirectly, make any disbursement for an electioneering communication as defined in 11 CFR 100.29.

  6. f.Expenditures, independent expenditures, or disbursements by foreign nationals in connection with elections.A foreign national shall not, directly or indirectly, make any expenditure, independent expenditure, or disbursement in connection with any Federal, State, or local election.

  7. g.Solicitation, acceptance, or receipt of contributions and donations from foreign nationals.No person shall knowingly solicit, accept, or receive from a foreign national any contribution or donation prohibited by paragraphs (b) through (d) of this section.

  8. h.Providing substantial assistance.

    1. 1.No person shall knowingly provide substantial assistance in the solicitation, making, acceptance, or receipt of a contribution or donation prohibited by paragraphs (b) through (d), and (g) of this section.

    2. 2.No person shall knowingly provide substantial assistance in the making of an expenditure, independent expenditure, or disbursement prohibited by paragraphs (e) and (f) of this section.

  9. i.Participation by foreign nationals in decisions involving election-related activities.A foreign national shall not direct, dictate, control, or directly or indirectly participate in the decision-making process of any person, such as a corporation, labor organization, political committee, or political organization with regard to such person’s Federal or non-Federal election-related activities, such as decisions concerning the making of contributions, donations, expenditures, or disbursements in connection with elections for any Federal, State, or local office or decisions concerning the administration of a political committee.

  10. j.Donations by foreign nationals to inaugural committees.A foreign national shall not, directly or indirectly, make a donation to an inaugural committee, as defined in 11 CFR 104.21(a)(1). No person shall knowingly accept from a foreign national any donation to an inaugural committee.

 

So we have two main cases that seem relevant at this point.  The dirt on Hillary that “the Russians” may have offered to Trump.  And the dirt that on Trump that Steele, a foreign national, seems to have delivered to Clinton.

 

Now lets assume the dirt against an opponent is a “thing of value”  Again if this is a faulty assumption then please express that in the comment section.   If so then getting dirt from a foreign national is a crime.  Now was there an agreement to get this from a foreign national in either case?

 

In the case of Clinton it seems there was.   At least Fusion GPS seemed to hire Steele a foreign national for this very purpose.  Did Clinton know they were doing this?  Well that would need to be established.

Now what about Trump?

So this might revolve around promises from different Russians to different people in the Trump campaign.  For example the leads that George Papadopoulos seemed to be pursuing. And perhaps even what Trump Junior was up to.

 

It seems that no dirt was ever delivered in either case.  But there still may have been an agreement to deliver dirt.   Was the dirt a thing a value?  Well normally we would say yes.  But here since no dirt was actually delivered we don’t even know what the dirt was.  So it seems quite a few more dots need connecting against Trump at this point.

 

 

 

Is Religious Discrimination Different?

20 Tuesday Dec 2016

Posted by in atheism, christianity, history, Islam, law, philosophy, politics, Uncategorized

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Generally I think our United States Supreme Court is overly concerned with laws establishing religion and too little concerned with laws prohibiting the free exercise of religion.  A study of the history of the establishment clause demonstrates the Supreme Court has basically turned the establishment clause on it’s head. (https://www.supremecourt.gov/opinions/03pdf/02-1624.pdf see Scalia’s concurring opinion)  But that is another discussion.  For now, I don’t want to get involved with how the amendment is interpreted but rather the more basic question of when certain distinctions may be warranted.

 

If we consider discrimination against race, gender or disability we can see that it is irrational because, it is wrong to blame someone for something they didn’t choose.  Moreover, the mere fact of a difference in race gender or disability does not seem to effect whether someone will act morally – however we want to define morality.

 

But what about religion?  It seems that it is both chosen and it does, at least potentially, effect how people will act.  This difference is indicated by the different cultures that develop based on different religious beliefs.     Is cultural discrimination a bad thing?  I would agree that someone would have to be narrow minded to not like anything about a culture – even Nazi or Soviet culture –  but on the whole it would seem ok if your dislikes of a culture outweigh what you do like about it.

 

While it might be nice if there were clear lines to draw about religious beliefs and how they should be treated by the state and individuals, it seems reality is a bit more complicated.  I will probably post more on this in the future but for right now the question remains whether religious discrimination should be treated differently then, say, race, gender or disability discrimination.