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Government Should Get Out of the Marriage and Divorce Business

10 Friday Jan 2014

Posted by Joe in Uncategorized

≈ 2 Comments

Tags

divorce, family law, freedom, Gay marriage, government, law, marriage, policy, politics, religion

Part of my practice is in family law so I know a bit what I am talking about and if anything I would only lose some business.    Yes it sounded crazy when I first thought of it but I have been thinking about it for about 2 years now and it keeps making more and more sense.   (Ok I just used google and see I am not alone in this view)

 

The proposal that I throw out there is this:

 

1)      The state would no longer issue marriage licenses and no longer grant divorces.

2)      There would no longer be any government advantages to being married.  Its irrational inequality to treat married people different than single people and if you are getting married for economic incentives the government offers then pretty much everyone can agree you’re getting married for the wrong reasons anyway. 

3)      People could of course get married in churches or other entities to however they want.  There could be private secular agencies as well as churches and religious agencies.  They would have explanations for what marriage would mean and contractual understandings on what would happen in the case of divorce.  Preferably they would have arbitration clauses so these private matters do not need to be public record in court houses.   It’s not like the parties would need to sign a long contract either.  The marriage license could just incorporate the code or rules it uses (much like today when you get married you are basically incorporating the marriage and divorce code into that marriage license you sign.)

4)      When they get married they would have the church or whatever other entity draw up the paperwork about what it means for them.   The disputes would preferably be arbitrated by the church or other entity instead of in court.   There should be an incentive to keep this out of court so we do not need to waste public funds to sort these disputes out.  Smaller churches would likely pool resources and use the services of certain agencies.  Larger churches could have their own procedures and understandings. 

5)      The courts would simply interpret the agreements as any other if they needed to.  Again though arbitration would be preferred. 

6)      The statement that “we are married” will generally mean nothing to the courts.   Other than perhaps identifying parents.

 

Why do this?

1)      Save tax payer money that goes to funding court house resources.  Trials are a poor way to award custody and the entire public should not need to pay for disputes between 2 angry adults about how they should divide their property. 

2)      The government would no longer be embroiled in trying to “define” what marriage is when the people it governs don’t agree at all.   In a multicultural society that will always be a non-starter. 

3)      Although many churches preach that they think Divorce should only occur in certain circumstances they often don’t practice this.  Instead of trying to make everyone in the state conform to their beliefs they could focus on having their own congregation conform to their professed beliefs.  This is a win for everyone. 

4)      Does anyone really care what the government thinks of their relationship?  I have been married for 10 years and I couldn’t care less what Illinois’s government thinks my relationship with my wife is.   It is between me, my wife, and God.   I care about what my church thinks but I definitely don’t care what the Illinois legislature thinks.

5)      Courts and trials are horrible at addressing family issues.  No judge can get to know enough about the parents or the kids in a 2 day trial to reliably make good judgments.  Churches would have more options through their arbitration rules.   

 

Limitations of this proposal:

1)       There would still be the interests of children that would need to be protected.  Children born out of wedlock (i.e. no contract) would still be handled by the public courts unless the parents agree to use one of the various private arbitration options that would arise.  So it wouldn’t entirely do away with public courts.  For example the Catholic Church does not believe in divorce.  If the parties did not sign some sort of contract or agreement on how the children issues would be handled in the case of separation then the courts would still need to be used.    

2)      Yes this would need to be implement out in the future so private entities could get ready for this.  

Do you BELIEEEEVE!

09 Thursday Jan 2014

Posted by Joe in Uncategorized

≈ 8 Comments

Tags

Atheism, Belief, Christianity, definitions, Faith, religion, Works.

Christianity focuses allot on beliefs.  Faith is belief and trust in God.    It’s important to “believe in Jesus” but before we get to what that might mean (another blog)  let’s consider what it means to “believe” anything?

Although it is not a definition, IMO the best description of what it means to believe something was given by W.V. Quine and J.S. Ullian in their book “The Web of Belief.”

“Let us consider, to begin with.  What we are up to when
we believe.  Just what are we doing? Nothing in particular.
For all the liveliness of fluctuation of beliefs, believing is
not an activity.  It is not like scansion or long division. We
may scan a verse quickly or slowly. We may perform a
division quickly or slowly. We may even be quick or slow
about coming to believe something, and quick or slow
about giving a belief up. But there is nothing quick or slow
about the believing itself; it is not a job to get on with. Nor
is it a fit or mood, like joy or grief or astonishment. It is
not something that we feel while it lasts.  Rather, believ­
ing is a disposition that can linger latent and unobserved.
It is a disposition to respond in certain ways when the
appropriate issue arises. To believe that Hannibal crossed
the Alps is to be disposed, among other things, to say “Yes”
when asked. To believe that frozen foods will thaw on the
table is to be disposed, among other things, to leave such
foods on the table only when one wants them thawed.
Inculcating a belief is like charging a battery. The bat­
tery is thenceforward disposed to give a spark or shock,
when suitably approached, as long as the charge lasts.
Similarly the believer is disposed to respond in character­
istic ways, when suitably approached, as long as the belief
lasts. The belief, like the charge, may last long or briefly.
Some beliefs, like the one about Hannibal, we shall proba­
bly retain while we live. Some, like our belief in the
dependability of our neighborhood cobbler, we may abandon
tomorrow in the face of adverse evidence. And some,
like the belief that a bird chirped within earshot, will
simply die of unimportance forthwith. The belief that the
cobbler is dependable gives way tomorrow to a contrary
belief, while the belief in the bird is just forgotten. A
disposition has ceased in both cases, though in different
ways.

In this quote, we can see what the authors say, “[belief] is a disposition to respond in certain ways when the appropriate issue arises.”  I read this description of belief early in my studies in philosophy and never felt the need to stray from it.  As Quine and Ullian explain through their examples, the response can be an action or an utterance on our behalf.   Sometimes I don’t think there is an actual action but our response might be internal/mental.  E.g., when you hear something that doesn’t sound right.  You will tend to think through your beliefs to check why that doesn’t sound right.  But you still have the reaction.

To be sure, there are, perhaps some controversies which can arises in a definition that links belief so closely with action, especially in the field of morals where we talk about beliefs of what we should or shouldn’t do.  I think it is clear that we can imagine examples where people do wrong even though they will correctly say they’ve always believed they should do otherwise.  For example, someone may believe they should return library books on time.  Their failure to return the book on time does not necessarily mean they did not believe they should return it on time.  That said, their failure to return the book might indeed be an indicator that the strength of their belief was quite weak.  To use the battery analogy, the charge that that belief holds is not very strong.

Despite some difficulties when we are dealing with moral beliefs about what we should do and whether someone can hold those beliefs and still not act appropriately, I still believe that a person’s actions can often be a better indicator of what they believe than their claims.  For example, someone may say  that they believe they will go to hell if they do not go to church every Sunday.  If that person does not go to church every Sunday, I believe we are entitled to question whether they truly hold that belief.  Actions often reveal beliefs better than words.

The other issue that can come up with beliefs is whether we have the capacity to change our beliefs.  There is no question whether our beliefs can change.  But what amount of control do we have over our beliefs?  I don’t think we need to really delve into this question more than to state we have some control over our beliefs.

Whether that control is direct or indirect and the extent of the control is somewhat irrelevant to our task.  If it were true that we had absolutely no control over our beliefs, then it would be wrong to assign culpability to people who have stubborn, irrational beliefs.  At least if we believe that it is wrong to blame them for something that they have no control over.

Explanations and their Logical Baggage

06 Monday Jan 2014

Posted by Joe in Uncategorized

≈ 3 Comments

Tags

Atheism, Christianity, Darwin, evolution, God, logic, natural selection, philosophy, religion

Before Darwin nonbelievers had more difficulty explaining how we came to be here. Darwin’s theory of natural selection filled out an explanation. By and large this has been viewed as helpful to the atheist’s position. But when you start attaching explanations you start making affirmative claims. And once you start making claims you open yourself up to the possibility of logical inconsistency.

For example, Christians explain certain qualities God has: Omnipotent, Omniscient, Creator of everything, Good through and through etc. Doing this opened them up to the argument concerning the problem of evil. I think there are valid ways around the problem of evil but there can be no question that this problem was created because Christians offered explanations of what God is. Having the problem of evil to contend with is logical baggage from the claims that God has these attributes. If Christians just continued to shrug when asked if God was all knowing, all powerful, etc then they wouldn’t have this problem.

So now the atheist no longer just shrugs when the theists ask how we came exist. They have an explanation of how humans could come about from other life without God. On the surface it seems good for them. But when we start to understand what that process is we start to see that problems can arise.

I think Descartes was anticipating problems long before Darwin. He noticed that to the extent one were to say we are the product of something less than a perfect being then we would have more reason to suspect the reliability of our beliefs:

“Some, indeed, might perhaps be found who would be disposed rather to deny the existence of a Being so powerful [God] than to believe that there is nothing certain. But let us for the present refrain from opposing this opinion, and grant that all which is here said of a Deity is fabulous: nevertheless, in whatever way it be supposed that I reach the state in which I exist, whether by fate, or chance, or by an endless series of antecedents and consequents, or by any other means, it is clear that the probability of my being so imperfect as to be the constant victim of deception, will be increased exactly in proportion as the power possessed by the cause, to which they assign my origin, is lessened.”

It is clear this concern was not baggage from natural selection since Descartes wrote this over 200 years before Origin of the Species was published. But it clearly anticipates logical problems that any unbeliever will face. What baggage natural selection actually creates with respect to the reliability of our beliefs will be the topic of several of these blogs.

End Note: I should clarify that by “natural selection” I mean “natural selection and naturalism” – ie, no God. However, there is no reason to think that Christians can’t understand that they have evolved from a system along the lines of natural selection any more than we need to deny that we came about from the interaction of sperm and egg. Some people would want to claim it is incompatible with Christianity due to randomness natural selection presupposes. But really there are all sorts of things that are random to us but not to God and Christians always understood God might be acting in the world in ways we don’t know. This would including which sperm reaches which egg. So, natural selection really raises nothing new.

True and Rational

05 Sunday Jan 2014

Posted by Joe in Uncategorized

≈ 2 Comments

Tags

Clifford, definitions, evidence, logic, philosophy, rationality, reason, religion

Rational:
What is rational is subject to a bit more controversy than how truth is understood. Accordingly I am just going to gloss over some ideas that I tend to believe about what it means to be rational.

First I think I would distinguish the irrationality of people who are insane. It seems to me that this sort of irrationality is beyond the person’s control. We are trying to be rational. To the extent we are trying to become rational we to some extent believe we have some control over this. Indeed I would say that an important part of being rational is recognizing what is beyond our control and acting accordingly.
I also tend to think of being rational in terms of game theory. That is make rational or irrational choices. This I think can extend to what beliefs we hold – to the extent we can choose them.
So just a quick outline of what it means to be rational would be:
1) Not be illogical
2) Not be overly concerned with things beyond your control
3) Make choices based on analysis of the risks and benefits of your alternatives
4) Rational people tend not to go on emotion.

Some people will notice that I do not include Clifford’s claim “it is wrong always, everywhere, and for anyone, to believe anything upon insufficient evidence.” Frankly this claim has always seemed self-defeating and therefore in violation of the first principle I outlined – don’t be illogical.

That is, I do not have sufficient evidence to believe “it is wrong always, everywhere, and for anyone, to believe anything upon insufficient evidence” and so believing that principle would violate it.

This is just an off the cuff outline. Perhaps we could add some other concepts to this outline. For example I think rational people consider evidence for and against their position. But I think to the extent there is a difference between being “rational” and being “reasonable” I would say that belongs more along the lines of being reasonable, but think it could fit here as well. And the terms reasonable and being rational are very close anyway.

In Real Life and Reasonable

05 Sunday Jan 2014

Posted by Joe in Uncategorized

≈ 10 Comments

Tags

Truth Philosophy definitions

I think we all know what truth is, or at least we know the concept. Before my daughters were even in kindergarten they would sometimes listen to what I said, and then ask “In real life?” What they wanted to know is whether what I said was something made up, or whether what I said was true.

In philosophy we would say something like “a proposition is true if, and only if, it corresponds with reality.” This classic understanding of truth isn’t dependent on what people think but rather what is. It is this understanding that makes Plato’s allegory of the cave so powerful. We may not agree with everything Plato attempts to establish, but we do all agree we would rather not have all of our beliefs be based off of the shadows on the wall. We want to know reality.

I bring this up because I was amazed when I went to law school that there were professors and highly respected judges who seemed unfamiliar with this understanding of what it means to be true.

Of course, with any word we can change what it means by simply saying over time that this or that concept no longer applies to that collection of letters. “Truth” can start to mean what most people believe etc. But we still would want to know what reality is. That is what makes the truth significant. In other words kids and adults will still wonder whether what they hear is “in real life.”

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