Re: Wait, there's more: Leading ID think tank calls Dover evolution policy misguided, calls for it to be withdrawn

2004-12-15 Thread Steven Jamar
Sandy, I agree that there is value in multiplicity in the three examples you mention, including critiques of evolution.  But there is a difference between evolution (an established fact) and disagreements about the mechanism by which it works.  Requiring teaching that evolution is false is not an acceptable alternative.  But allowing or even requiring critiques makes a great deal of sense.  Even if it is creationism light.

Knowledge is not all a matter of social power.  But what constitutes truth at any given time certainly is affected by social power.

Steve

On Tuesday, December 14, 2004, at 05:16 PM, Sanford Levinson wrote:

I just listened to an NPR segment quoting one of the supporters of ID saying that it is important that students be presented with alternatives to Darwinism.  That is, this is an appeal to the importance of a multiplicity of points of view.  Is there a principled way of deciding when that is a desiderata?  Consider, e.g., the failure of American public schools to present in any serious way the propositions that a) we have quite a dysfunctional Constitution (a proposition that I personally believe) and b) there are legitimate reasons for various and sundry persons around the globe to hate us (a proposition that I also believe, but not for all of the various and sundry persons who in fact hate us, obviously).  I take it that the persons who believe in multiplicity of views with regard to ID are unlikely to accept its importance with regard to my examples.  But, conversely, I presume that persons who agree with my examples are likely to be hostile to presenting ID as even a possibility.  Is Foucault right, that what counts as knowledge (or disputable theory) is all a matter of social power?  (This is not a rhetorical question.)
 

-- 
Prof. Steven D. Jamar   vox:  202-806-8017
Howard University School of Law fax:  202-806-8567
2900 Van Ness Street NW   mailto:[EMAIL PROTECTED]
Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/

It is by education I learn to do by choice, what other men do by the constraint of fear.

Aristotle
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Re: Wait, there's more: Leading ID think tank calls Dover evolution policy misguided, calls for it to be withdrawn

2004-12-15 Thread Alan Leigh Armstrong
Evolution appears to violate the law of entropy. That is things tend to 
disorder. (examples: a deck of cards, any teenagers bedroom.) Evolution 
assumes that things become more ordered.

Physicists in industry are not going to spend the time on it because it 
will not help produce a product.
Physicists in colleges are not looking at it because there is no grant 
money in it. Also would a published article on the subject help them 
get tenure?

Alan
Law Office of Alan Leigh Armstrong
Serving the Family  Small Business Since 1984
18652 Florida St., Suite 225
Huntington Beach CA 92648-6006
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[EMAIL PROTECTED]
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KE6LLN
On Dec 14, 2004, at 4:56 PM, Michael MASINTER wrote:
How does evolution appear to violate the laws of thermodynamics?   And 
if
it does, why haven't physicists figured it out?

Michael R. Masinter Visiting Professor of Law
On Leave From   University of Miami Law School
Nova Southeastern University(305) 284-3870 (voice)
Shepard Broad Law Center(305) 284-6619 (fax)
[EMAIL PROTECTED]   Chair, ACLU of Florida Legal Panel
On Tue, 14 Dec 2004, Alan Leigh Armstrong wrote:
My training in physics was that a theory is an explanation that fits
the facts. For example, the theoretical physicist comes up with a
theory. The experimentalist runs the experiment and gives the results
to the theoretical physicist who then modifies the theory.
There are many holes in the theory of evolution. Evolution appears 
to
violate the laws of thermodynamics. There are also many things that
have been presented as evidence of evolution that have been proven
false.

The problems with evolution and the major schools of thought within
evolution should be taught to the students. If DI has a different
theory that fits the facts, it should also be taught.
I tend toward the 6 days of creation with the clock counting the time
being at the center of the big bang. The gravitational effect slowing
down the clock so that we may still be in the seventh day.
Alan
Law Office of Alan Leigh Armstrong
Serving the Family  Small Business Since 1984
18652 Florida St., Suite 225
Huntington Beach CA 92648-6006
714-375-1147   Fax 714 375 1149
[EMAIL PROTECTED]
[EMAIL PROTECTED]
www.alanarmstrong.com
KE6LLN
On Dec 14, 2004, at 3:05 PM, Steven Jamar wrote:
Sandy, I agree that there is value in multiplicity in the three
examples you mention, including critiques of evolution.  But there is
a difference between evolution (an established fact) and 
disagreements
about the mechanism by which it works.  Requiring teaching that
evolution is false is not an acceptable alternative.  But allowing or
even requiring critiques makes a great deal of sense.  Even if it is
creationism light.

Knowledge is not all a matter of social power.  But what constitutes
truth at any given time certainly is affected by social power.
Steve
On Tuesday, December 14, 2004, at 05:16 PM, Sanford Levinson wrote:
I just listened to an NPR segment quoting one of the supporters of 
ID
saying that it is important that students be presented with
alternatives to Darwinism.  That is, this is an appeal to the
importance of a multiplicity of points of view.  Is there a
principled way of deciding when that is a desiderata?  Consider,
e.g., the failure of American public schools to present in any
serious way the propositions that a) we have quite a dysfunctional
Constitution (a proposition that I personally believe) and b) there
are legitimate reasons for various and sundry persons around the
globe to hate us (a proposition that I also believe, but not for all
of the various and sundry persons who in fact hate us, obviously).  
I
take it that the persons who believe in multiplicity of views with
regard to ID are unlikely to accept its importance with regard to my
examples.  But, conversely, I presume that persons who agree with my
examples are likely to be hostile to presenting ID as even a
possibility.  Is Foucault right, that what counts as knowledge (or
disputable theory) is all a matter of social power?  (This is not 
a
rhetorical question.)
 
sandy
--
Prof. Steven D. Jamar   vox:  
202-806-8017
Howard University School of Law fax:  
202-806-8567
2900 Van Ness Street NW   
mailto:[EMAIL PROTECTED]
Washington, DC  20008   
http://www.law.howard.edu/faculty/pages/jamar/

It is by education I learn to do by choice, what other men do by the
constraint of fear.
Aristotle
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Press Conference Announcing Legal Challenge to Intelligent Design Curriculum in PA

2004-12-15 Thread Christopher C. Lund
  Fresh off the presses...
*** MEDIA ADVISORY ***
Press Conference Announcing Legal Challenge to Intelligent Design 
Curriculum in PA School District

WHEN:
Tuesday, December 14, 1:00 p.m.
WHAT:
The American Civil Liberties Union of Pennsylvania, Americans United for 
Separation of Church and State and attorneys with Pepper Hamilton LLP will 
file a federal lawsuit on Tuesday on behalf of 11 parents who say that 
presenting intelligent design to students in public school violates the 
religious liberty of parents, students and faculty.

The lawsuit will be the first in the nation to challenge the instruction of 
intelligent design, which is an assertion that an intelligent, 
supernatural actor has intervened in the history of life. The intelligent 
design debate gained national public attention after the Dover Area School 
District Board in Pennsylvania voted in October to require science teachers 
to present this religious view as an alternative to the scientific theory of 
evolution. Dover is believed to be the first school district to mandate such 
a policy.

WHERE:
Pennsylvania State Capitol, East Wing Rotunda
Commonwealth Avenue, Harrisburg
WHO:
Parents, scientists, clergy members and attorneys who are challenging the 
Dover School District policy.

Attorneys and clients in the lawsuit will not be available for comment 
before the Tuesday press conference.

CONTACT:
Paul Silva, ACLU Nat'l, 212-549-2689 or 2666
Joe Conn, Americans United, 202-466-3234 or 202-365-8507
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Re: Religion and Philosophy

2004-12-15 Thread RJLipkin
 As someone who has taught Descartes and other philosophical attempts to 
establish the existence of God, I'm not at all sure why this is a problem. In 
every course I taught examining these issues, my students clearly understood, 
as did I, that we were jointly trying to examine arguments or theories of 
whatever kind, not to embrace substantive truths. Moreover, in the 
philosophical tradition in which I was trained, criticism not confirmation was 
the overriding goal.  So we never concluded that any argument in favor of God's 
existence was valid or sound anymore than we ever concluded that any argument 
proving God's non-existence was valid or sound. 

 Now maybe I was a poor philosophy teacher, but I don't recall any of my 
more competent colleagues--whether theist or atheist, rationalist or 
empiricist, etc.--ever talking about the difficulty of drawing the line between 
philosophical analysis and religious analysis. 

Bobby

Robert Justin Lipkin
Professor of Law
Widener University School of Law
Delaware

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Re: Religion and Philosophy

2004-12-15 Thread Mark Graber
Perhaps I need to make my question sharper.  I have no doubt that one
CAN teach Descartes or Aquinas and Augustine for that matter, without
any establishment clause violation.  Still, not every high school
teacher who requires Descartes is likely to simply confine the exercise
to analyzing arguments.  I take it that, while we might have
philosophical problems with a teacher who attempted to convince students
that Hume's arguments about induction were correct, that such a claim
would not present any establishment clause problem.  So suppose the same
teacher claims the ontological argument is logically correct.

MAG

 [EMAIL PROTECTED] 12/15/04 1:57 PM 
 
In a message dated 12/15/2004 1:48:42 PM Eastern Standard Time,  
[EMAIL PROTECTED] writes:

Is  philosophy just about critical thinking or is it about substance 
too?
Analytic  philosophy, at least the brands taught during the
sixties, 
seventies, and  eighties in most (though certainly not all) American 
philosophy departments  did emphasize (and fight over) the correct
analytic 
philosophical method, not  what truths these methods might yield. You
might think that an 
impoverished  sense of philosophy, but that's another story. 
 
Bobby


 
Robert Justin  Lipkin
Professor of Law
Widener University School of  Law
Delaware

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Steven Williams case and the Ten Commandments cases

2004-12-15 Thread A.E. Brownstein
As I was reading the SG's brief in McCreary, I was struck by the similarity 
of the arguments offered in the brief to justify the Ten Commandments 
display and the arguments offered by list members to support Williams' 
teaching materials. The SG argues that the Ten Commandments display is 
constitutional because it communicates secular messages about the role of 
religion in American history in general and the Ten Commandments 
contribution to our legal heritage in particular. Williams' supporters 
argue, if I understand them correctly, that lessons studying accounts of 
the Sermon on the Mount, the Crucifixion of Jesus, and the Resurrection of 
Jesus are permissible in public schools as part of the study of the role 
that Christianity played in America's history and legal system.

Does it follow, then, that government may create displays portraying the 
Sermon on the Mount, the Crucifixion of Jesus, and the Resurrection of 
Jesus and place them in prominent locations in schools and governmental 
buildings -- and justify doing so as for the same reason -- to acknowledge 
the role that Christianity played in America's history and legal system? 
Would the fact that America was overwhelmingly Christian at the time of the 
founding of the U.S. negate any constitutional obligation on the part of 
government to create displays portraying scenes important to other faiths?

Alan Brownstein
UC Davis
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RE: Steven Williams Case - more factual information

2004-12-15 Thread Newsom Michael








Could you explain why liberals are wrong?



-Original Message-
From: Marc Stern
[mailto:[EMAIL PROTECTED] 
Sent: Friday, December 10, 2004
1:12 PM
To: Law  Religion issues for
Law Academics
Subject: RE: Steven Williams Case
- more factual information



.



Liberals are sometimes
suspicious of efforts to teach about religion in the public schools. They are
wrong to think that such teaching is unconstitutional or unwise.:




















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Re: Steven Williams Case - more factual information

2004-12-15 Thread JMHACLJ



In a message dated 12/15/2004 3:47:17 PM Eastern Standard Time, [EMAIL PROTECTED] writes:
Rather than saddling teachers with a burden, perhaps the better course of action is not to try to teach religion in the public schools at all.
Of course, one might try to teach biology without discussing oxygen. Can it be done? Sure. Should it be done? That, my friend, is the rub.

Jim Henderson
Senior Counsel
ACLJ
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RE: Steven Williams Case - more factual information

2004-12-15 Thread Newsom Michael








No, that isnt the rub. There is nothing
like the EC that speaks to either biology or oxygen.



-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] 
Sent: Wednesday, December 15, 2004
3:53 PM
To: [EMAIL PROTECTED]
Subject: Re: Steven Williams Case
- more factual information







In a message dated 12/15/2004
3:47:17 PM Eastern Standard Time, [EMAIL PROTECTED] writes:





Rather than saddling
teachers with a burden, perhaps the better course of action is not to try to
teach religion in the public schools at all.







Of course, one might try to teach
biology without discussing oxygen. Can it be done? Sure.
Should it be done? That, my friend, is the rub.











Jim Henderson





Senior Counsel





ACLJ








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RE: Steven Williams Case - more factual information .:.

2004-12-15 Thread Menard, Richard H.



Come 
on. Are these tits and tats really what this list is for? A little 
restraint goes a long way.

  -Original Message-From: 
  [EMAIL PROTECTED] 
  [mailto:[EMAIL PROTECTED]On Behalf Of Newsom 
  MichaelSent: Wednesday, December 15, 2004 4:53 PMTo: Law 
   Religion issues for Law AcademicsSubject: RE: Steven Williams 
  Case - more factual information .:.
  
  No, that isn't the 
  rub. There is nothing like the EC that speaks to either biology or 
  oxygen.
  
  -Original 
  Message-From: 
  [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Wednesday, December 15, 2004 3:53 
  PMTo: 
  [EMAIL PROTECTED]Subject: Re: Steven Williams Case - more 
  factual information
  
  
  
  In a message dated 12/15/2004 
  3:47:17 PM Eastern Standard Time, [EMAIL PROTECTED] 
  writes:
  
Rather 
than saddling teachers with a burden, perhaps the better course of action is 
not to try to "teach" religion in the public schools at 
all.
  
  Of course, one might try to teach 
  biology without discussing oxygen. Can it be done? Sure. 
  Should it be done? That, my friend, is the rub.
  
  
  
  Jim 
  Henderson
  
  Senior 
  Counsel
  
  ACLJ

Sidley Austin Brown & Wood LLP mail server made the following annotations on 12/15/2004, 04:06:50 PM
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Re: Another Alabama 10-Commandments Judge

2004-12-15 Thread Alan Leigh Armstrong
How about replacing all of these 10 commandment stones, etc. with  
something as close to the original as we can get. i.e. 14th or so  
century BC Hebrew and written on both sides of the 2 stones. Exodus  
32:15
Alan
Law Office of Alan Leigh Armstrong
Serving the Family  Small Business Since 1984
18652 Florida St., Suite 225
Huntington Beach CA 92648-6006
714-375-1147   Fax 714 375 1149
[EMAIL PROTECTED]
[EMAIL PROTECTED]
www.alanarmstrong.com
KE6LLN
On Dec 15, 2004, at 2:46 PM, Conkle, Daniel O. wrote:

Here's a new thread (so to speak):
http://story.news.yahoo.com/news?tmpl=storycid=533e=3u=/ap/ 
20041215/ap_on_re_us/ten_commandments_robe

Ala. Judge Wears Ten Commandments on Robe
 Wed Dec 15, 9:51 AM ET
By BOB JOHNSON, Associated Press Writer
MONTGOMERY, Ala. - A judge refused to delay a trial Tuesday when an  
attorney objected to his wearing a judicial robe with the Ten  
Commandments embroidered on the front in gold.       

 Circuit Judge Ashley McKathan showed up Monday at his Covington  
County courtroom in southern Alabama wearing the robe. Attorneys who  
try cases at the courthouse said they had not seen him wearing it  
before. The commandments were described as being big enough to read by  
anyone near the judge.

. . . .
McKathan told The Associated Press that he believes the Ten  
Commandments represent the truth and you can't divorce the law from  
the truth. ... The Ten Commandments can help a judge know the  
difference between right and wrong.

 . . . .
Dan Conkle
 **
Daniel O. Conkle
 Professor of Law
 Indiana University School of Law
 Bloomington, Indiana  47405
 (812) 855-4331
 fax (812) 855-0555
 e-mail [EMAIL PROTECTED]
**

. . . .
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Re: Wait, there's more: Leading ID think tank calls Dover evolution policy misguided, calls for it to be withdrawn

2004-12-15 Thread Steven Jamar
That things tend toward disorder does not mean that order cannot and does not arise.  Order arises in all physical systems without violating the laws of thermodynamics.  The laws relating to chemistry and biology also matter as do such laws of physics like quantum dynamics.
The specious entropy argument has been thoroughly debunked in published material.
Evolution does not really assume anything about order or about directionality of change, except insofar as under the principles of natural selection the more fit will survive.
Steve

On Wednesday, December 15, 2004, at 11:10  AM, Alan Leigh Armstrong wrote:

Evolution appears to violate the law of entropy. That is things tend to disorder. (examples: a deck of cards, any teenagers bedroom.) Evolution assumes that things become more ordered.

Physicists in industry are not going to spend the time on it because it will not help produce a product.
Physicists in colleges are not looking at it because there is no grant money in it. Also would a published article on the subject help them get tenure?

Alan
-- 
Prof. Steven D. Jamar vox:  202-806-8017
Howard University School of Law fax:  202-806-8567
2900 Van Ness Street NW   mailto:[EMAIL PROTECTED]
Washington, DC  20008
http://www.law.howard.edu/faculty/pages/jamar/
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Re: Press Conference Announcing Legal Challenge to Intelligent Design Curri...

2004-12-15 Thread JMHACLJ



In a message dated 12/14/2004 1:53:25 PM Eastern Standard Time, [EMAIL PROTECTED] writes:
If this case goes at all like McLean v. Arkansas, it could end up being quite the show trial, with a couple dozen prominent expert witnesses testifying on either side about the nature of science and the evidence for evolution.
Thoughts of a Scopes II (er, III, er IV) trial dance, I am quite sure, in the heads of attorneys who gat up this litigation. I wonder if Anthony Flew will be cited on the probability of any origin without some deistic intervening cause.

Jim Henderson
Senior Counsel
ACLJ
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Re: Wait, there's more: Leading ID think tank calls Dover evolution policy misguided, calls for it to be withdrawn

2004-12-15 Thread Ed Brayton




Hi Frank, good to "see" you again. I'll be curious to see how the DI
handles this if it goes to trial. They are certainly right that the
actual policy adopted is incoherent, as I argued in great detail on the
Panda's Thumb a couple weeks ago. But if it goes to trial and they are
asked to testify as expert witnesses on the validity of ID as a theory
or model, would they refuse to do so? In the McLean case in 1981, there
were some experts on the state's side who also said that they thought
the law went about things the wrong way, but that they supported the
idea and they testified on behalf of creation science anyway. Clearly,
though, this is not the test case that the DI wanted. I wonder if their
opposition will move the school board to reconsider, or perhaps move
the TMLC not to get involved after all? This is definitely a developing
story.

Ed Brayton

Francis J. Beckwith wrote:

  Just when you thought it was safe to go back into the pre-biotic soup:

For Immediate Release Dec. 14, 2004
Press Contact: Rob Crowther

Discovery Institute

(206) 292-0401 x.107

[EMAIL PROTECTED]

Leading intelligent design think tank calls Dover evolution policy
"misguided," calls for it to be withdrawn

Seattle, Dec. 14 - The policy on teaching evolution recently adopted by the
Dover, PA School Board was called "misguided" today by Discovery Institute's
Center for Science and Culture, which advised that the policy should be
withdrawn and rewritten.

"While the Dover board is to be commended for trying to teach Darwinian
theory in a more open-minded manner, this is the wrong way to go about it,"
said Dr. John G. West, associate director of Discovery Institute's Center
for Science and Culture (CSC).  "Dover's current policy has a number of
problems, not the least of which is its lack of clarity. At one point, it
appears to prohibit Dover schools from teaching anything about 'the origins
of life.' At another point, it appears to both mandate as well as prohibit
the teaching of the scientific theory of intelligent design. The policy's
incoherence raises serious problems from the standpoint of constitutional
law. Thus, the policy should be withdrawn and rewritten."

Apart from questions about its constitutionality, West expressed
reservations about the Dover School Board's directive on public policy
grounds. 

"When we first read about the Dover policy, we publicly criticized it
because according to published reports the intent was to mandate the
teaching of intelligent design," explained West. "Although we think
discussion of intelligent design should not be prohibited, we don't think
intelligent design should be required in public schools. 

"What should be required is full disclosure of the scientific evidence for
and against Darwin's theory," added West, "which is the approach supported
by the overwhelming majority of the public."

Discovery Institute's Center for Science  Culture is the nation's leading
think-tank exploring the scientific theory of intelligent design, which
proposes that some features of the natural world are best explained as the
product of an intelligent cause rather than an undirected cause such as
natural selection. In recent years a growing number of scientists have
presented the case for intelligent design theory in academic journal
articles and books published by major academic presses such as Cambridge
University Press and Michigan State University Press.  For more information
visit the Institute's website at www.discovery.org/csc/.

###

  
  
-Original Message-
From: [EMAIL PROTECTED] 
[mailto:[EMAIL PROTECTED]] On Behalf Of Ed Brayton
Sent: Tuesday, December 14, 2004 12:53 PM
To: Law  Religion issues for Law Academics
Subject: Re: Press Conference Announcing Legal Challenge to 
"Intelligent Design" Curriculum in PA


Ah, I was just going to post something about this. The Thomas More Law 
Center has offered to handle the defense for the Dover school 
district. 
I haven't seen any official word that they'll be representing the 
district, but the district would be foolish not to accept the offer. 
Well, let me rephrase that. They'd be foolish to fight the lawsuit in 
the first place, as I think they're going to lose and it's 
going to cost 
the taxpayers of that district an enormous amount of money. But if 
they're going to fight it, they'd be even more foolish not to 
accept the 
offer to have the TMLC represent them. TMLC has done some 
pretty good work.

This could very well be the test case that everyone involved in the 
evolution/creationism battle have been anticipating for a couple of 
years now, the one that determines whether the precedents set 
in McLean 
v. Arkansas and Edwards v. Aguillard concerning the teaching of 
"creation science" also hold true for the teaching of "intelligent 
design". The ID folks aren't happy about that, as they don't think the 
Dover school board's policy is very defensible (and they're 
right, it's 
riddled with contradictions and false 

Re: Wait, there's more: Leading ID think tank calls Dover evolution policy misguided, calls for it to be withdrawn

2004-12-15 Thread Mark Tushnet
I'm not sure that the following intervention will be productive, but:  
My sense is that this discussion has reached beyond the limits of 
list-relevance in its discussions of the substance of ID, evolutionary 
theory, etc.  (I remember enough about physics from college to know that 
the law of entropy says nothing about the possibilities of an increase 
in order in any subset of the universe as a whole.)

Alan Leigh Armstrong wrote:
Evolution appears to violate the law of entropy. That is things tend 
to disorder. (examples: a deck of cards, any teenagers bedroom.) 
Evolution assumes that things become more ordered.

Physicists in industry are not going to spend the time on it because 
it will not help produce a product.
Physicists in colleges are not looking at it because there is no grant 
money in it. Also would a published article on the subject help them 
get tenure?

Alan
Law Office of Alan Leigh Armstrong
Serving the Family  Small Business Since 1984
18652 Florida St., Suite 225
Huntington Beach CA 92648-6006
714-375-1147   Fax 714 375 1149
[EMAIL PROTECTED]
[EMAIL PROTECTED]
www.alanarmstrong.com
KE6LLN
On Dec 14, 2004, at 4:56 PM, Michael MASINTER wrote:
How does evolution appear to violate the laws of thermodynamics?   
And if
it does, why haven't physicists figured it out?

Michael R. MasinterVisiting Professor of Law
On Leave FromUniversity of Miami Law School
Nova Southeastern University(305) 284-3870 (voice)
Shepard Broad Law Center(305) 284-6619 (fax)
[EMAIL PROTECTED]Chair, ACLU of Florida Legal Panel
On Tue, 14 Dec 2004, Alan Leigh Armstrong wrote:
My training in physics was that a theory is an explanation that fits
the facts. For example, the theoretical physicist comes up with a
theory. The experimentalist runs the experiment and gives the results
to the theoretical physicist who then modifies the theory.
There are many holes in the theory of evolution. Evolution appears to
violate the laws of thermodynamics. There are also many things that
have been presented as evidence of evolution that have been proven
false.
The problems with evolution and the major schools of thought within
evolution should be taught to the students. If DI has a different
theory that fits the facts, it should also be taught.
I tend toward the 6 days of creation with the clock counting the time
being at the center of the big bang. The gravitational effect slowing
down the clock so that we may still be in the seventh day.
Alan
Law Office of Alan Leigh Armstrong
Serving the Family  Small Business Since 1984
18652 Florida St., Suite 225
Huntington Beach CA 92648-6006
714-375-1147   Fax 714 375 1149
[EMAIL PROTECTED]
[EMAIL PROTECTED]
www.alanarmstrong.com
KE6LLN
On Dec 14, 2004, at 3:05 PM, Steven Jamar wrote:
Sandy, I agree that there is value in multiplicity in the three
examples you mention, including critiques of evolution.  But there is
a difference between evolution (an established fact) and disagreements
about the mechanism by which it works.  Requiring teaching that
evolution is false is not an acceptable alternative.  But allowing or
even requiring critiques makes a great deal of sense.  Even if it is
creationism light.
Knowledge is not all a matter of social power.  But what constitutes
truth at any given time certainly is affected by social power.
Steve
On Tuesday, December 14, 2004, at 05:16 PM, Sanford Levinson wrote:
I just listened to an NPR segment quoting one of the supporters of ID
saying that it is important that students be presented with
alternatives to Darwinism.  That is, this is an appeal to the
importance of a multiplicity of points of view.  Is there a
principled way of deciding when that is a desiderata?  Consider,
e.g., the failure of American public schools to present in any
serious way the propositions that a) we have quite a dysfunctional
Constitution (a proposition that I personally believe) and b) there
are legitimate reasons for various and sundry persons around the
globe to hate us (a proposition that I also believe, but not for all
of the various and sundry persons who in fact hate us, obviously).  I
take it that the persons who believe in multiplicity of views with
regard to ID are unlikely to accept its importance with regard to my
examples.  But, conversely, I presume that persons who agree with my
examples are likely to be hostile to presenting ID as even a
possibility.  Is Foucault right, that what counts as knowledge (or
disputable theory) is all a matter of social power?  (This is not a
rhetorical question.)
 
sandy
--
Prof. Steven D. Jamar   vox:  202-806-8017
Howard University School of Law fax:  202-806-8567
2900 Van Ness Street NW   mailto:[EMAIL PROTECTED]
Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/
It is by education I learn to do by choice, what other men do by the
constraint of fear.
Aristotle

Re: Wait, there's more: Leading ID think tank calls Dover evolution policy misguided, calls for it to be withdrawn

2004-12-15 Thread Ed Brayton
Alan Leigh Armstrong wrote:
Evolution appears to violate the law of entropy. That is things tend 
to disorder. (examples: a deck of cards, any teenagers bedroom.) 
Evolution assumes that things become more ordered.
Oi vey. Alan, seriously, this is utter nonsense. The law of entropy does 
not say that things tend to disorder, it says that closed or 
thermodynamically isolated systems eventually return to a state of 
equilibrium (also sometimes stated as a state of maximum entropy). The 
key phrases there are isolated systems and eventually. The earth is 
an open system, receiving inputs of heat and energy (heat being the 
thermo part of the word and energy being the dynamic part of the 
word) from the sun as well as other sources. Eventually, the system will 
reach equilibrium - when the sun burns out and no more heat or energy 
are exchanged.

There's a reason why you will not find a single physicist who accepts 
this argument, even young earth creationist physicists like John 
Baumgardner or Danny Faulkner. Because it's not just false, it's 
glaringly false and based solely on an obvious misrepresentation of what 
the 2nd law of thermydynamics actually says. I'm sure you're not the one 
doing the misrepresenting here, but the folks whose claims you read and 
are repeating probably are.

Ed Brayton
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Re: Wait, there's more: Leading ID think tank calls Dover evolution policy ...

2004-12-15 Thread Ed Brayton






[EMAIL PROTECTED] wrote:

  
  
  
  
  
  In a message dated 12/14/2004 6:14:35 PM Eastern Standard Time,
[EMAIL PROTECTED] writes:
  the positions that get labeled "science" are "knowledge" and
religion merely "opinion." In one of the ironies of political
liberalism (of the Rawlsian sort), these distinctions turn out to be
argument-stoppers rather than conversation starters.
  
I'm not sure I understand this point. How do these
"argument-stoppers" work? Religion has told a story of creation.
Science has told a story of evolution. Recently, some elements in some
religions have been transformed first intocreationism and then into
the theory of intelligent design. Rather than stopping arguments it
seems this process of "labeling" has generated new stories, perhaps
even more robust stories.This doesn't solve the problem at hand, to be
sure. But labeling is inevitable and in this case has extremely
positive effects at least from the perspective of the stories of
creationism and intelligent design that Frank (I think) embraces.
  

I actually think that the argument stoppers are on the ID side.
Scientists love to test ideas. If you bring them an idea like
intelligent design, their initial response is to invite the
conversation - "Great, how do we test this idea? Let's see if it's
true." And there the conversation stops, because ID is really just a
purely negative argument of the form "Not x, therefore y". In this
case, not evolution, therefore God (but of course they won't say God,
they'll say an unknown intelligent designer, even though they openly
tell their followers that the whole enterprise is designed to overthrow
"atheistic naturalism" and establish a boldly "theistic science"). Of
course it is true that there are some specific phenomena for which the
evolutionary history is not yet fully understood. For scientists, that
means the conversation continues, with the asking of questions like how
did this system develop? What homologous systems might be present in
closely related species that might provide us with clues? If the system
is present in all forms of a certain type of animal, can we compare the
genomes of those animals and compare them to the phylogenetic tree to
see which one might have developed first and identify the genetic
change that took place to make the system work the way it does now?
These are the types of questions that scientists ask when they're
trying to build an explanation. But with the purely negative argument
that is ID, the conversation stops with "you haven't yet explained it
to my satisfaction, so God must have done it." Robust scientific
theories continue to spawn new research to explain the data in greater
detail. A negative argument, "Not x, therefore y" clearly does not. So
I would argue that the argument stoppers, if not exploration stoppers,
are on the ID side of the fence.

Ed Brayton


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Religion and Philosophy

2004-12-15 Thread Mark Graber
Jim Henderson's comments on Anthony Flew highlight that, however much
difficulty we have drawing the line between religion and science, the
line between religion and philosophy is tougher.

Consider the following.  I take it that there is nothing askance with
asking a public school high school class to read Descartes, MEDIATIONS. 
That text, among other things includes an ontological argument for the
existence of God.  Now presumably, a teacher is allowed to give opinions
on the soundness of cogito, ergo sum, (I think, therefore I am).  Does
the same hold true for the ontological argument.  Where does
philosophical analysis blend into religious analysis.

Mark A. Graber


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Re: Religion and Philosophy

2004-12-15 Thread RJLipkin




In a message dated 12/15/2004 1:48:42 PM Eastern Standard Time, 
[EMAIL PROTECTED] writes:
Is 
  philosophy just about critical thinking or is it about substance 
too?
Analytic 
philosophy, at least the brands taught during the sixties, seventies, and 
eighties in most (though certainly not all)American philosophy departments 
did emphasize (and fight over) the correct analytic philosophical method, not 
what truths these methods might yield. You might think that an impoverished 
sense of philosophy, but that's another story.

Bobby


Robert Justin 
LipkinProfessor of LawWidener University School of 
LawDelaware
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RE: Wait, there's more: Leading ID think tank calls Dover evolution policy misguided, calls for it to be withdrawn

2004-12-15 Thread A.E. Brownstein
Perhaps the relationship between government and religion and the 
relationship between government and science may be different for reasons 
that extend beyond the idea that science is knowledge and religion is 
opinion. I don't think we deny government the power to declare religious 
truth because religion is only opinion. After all, we allow government to 
promote a lot of opinions and values. But we think there is something 
distinctive about religion that justifies constraints on the government's 
power to promote it. And, of course, we protect the exercise of religion 
from governmental interference, not because we think religious practices 
are grounded on truth while secular activities are based on opinion, but, 
rather, again, because we think that there is something special about 
religion that requires a different relationship between it and government.

Or to pick up on Sandy's post, what counts as knowledge may be a matter of 
social power, but we may decide as a matter of constitutional law that 
government can not declare or enforce certain kinds of knowledge (religion, 
for example) and distinguish it from disputable theory, while it may 
declare and enforce other kinds of knowledge (e.g. science and math) and 
distinguish it from disputable theory.

Perhaps this idea is incorrect and there is no good reason for government 
to distinguish religion from any other kind of knowledge or understanding 
with regard to government support or interference. But an analysis of this 
issue should probably extend beyond the question of whether religion is 
knowledge or opinion (since that question often deteriorates into the 
reality that many people consider the foundation of their religion to be 
knowledge while the foundations of other religions are opinions or false.)

Alan Brownstein
UC Davis
At 05:11 PM 12/14/2004 -0600, you wrote:
I think Sandy's right in this regard: the positions that get labeled 
science are knowledge and religion merely opinion. In one of the 
ironies of political liberalism (of the Rawlsian sort), these distinctions 
turn out to be argument-stoppers rather than conversation starters.  The 
labeling becomes the whole deal rather than quality of the arguments 
offered by the disputants.  If I can peg your positon as religious, I 
have a ready-made exclusionary rule built into the process--the 
establishment clause--that permits me to reject your positon without 
wrestling with it.

I'm not saying that is necessarily going on in this PA case, which I have 
not kept up with. Ed could very well be correct that the school board's 
resolution is incoherent drivel. But we should reject it because it is 
incoherent drivel and not because it is religion.

---
Francis J. Beckwith
Associate Professor of Church-State Studies
Associate Director, J. M. Dawson Institute of Church-State Studies
Baylor University  http://www.baylor.edu/http://www.baylor.edu  ph: 
254.710.6464
mailto:[EMAIL PROTECTED][EMAIL PROTECTED] 
http://francisbeckwith.com


-Original Message-
From: [EMAIL PROTECTED] 
[mailto:[EMAIL PROTECTED] On Behalf Of Sanford Levinson
Sent: Tuesday, December 14, 2004 4:16 PM
To: Law  Religion issues for Law Academics
Subject: RE: Wait, there's more: Leading ID think tank calls Dover 
evolution policy misguided,  calls for it to be withdrawn

I just listened to an NPR segment quoting one of the supporters of ID 
saying that it is important that students be presented with alternatives 
to Darwinism.  That is, this is an appeal to the importance of a 
multiplicity of points of view.  Is there a principled way of deciding 
when that is a desiderata?  Consider, e.g., the failure of American public 
schools to present in any serious way the propositions that a) we have 
quite a dysfunctional Constitution (a proposition that I personally 
believe) and b) there are legitimate reasons for various and sundry 
persons around the globe to hate us (a proposition that I also believe, 
but not for all of the various and sundry persons who in fact hate us, 
obviously).  I take it that the persons who believe in multiplicity of 
views with regard to ID are unlikely to accept its importance with regard 
to my examples.  But, conversely, I presume that persons who agree with my 
examples are likely to be hostile to presenting ID as even a 
possibility.  Is Foucault right, that what counts as knowledge (or 
disputable theory) is all a matter of social power?  (This is not a 
rhetorical question.)

sandy
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RE: Steven Williams case and the Ten Commandments cases

2004-12-15 Thread Newsom Michael
Hm -- and some people say that the Protestant Empire is dead and gone.
If one can display the Ten Commandments (five gets you ten that the only
version we are likely to see in any of these displays is the evangelical
Protestant version) along with other legal documents, that one can
display the Sermon on the Mount etc. so long as it is contextualized
with the Declaration of Independence and the U.S. Constitution, for
example.

And, I must ask, what displays does one suppose that a Protestant Empire
would want to put up? Why they would be the ones that the SG supports
and that Alan has supposed below!   


-Original Message-
From: A.E. Brownstein [mailto:[EMAIL PROTECTED] 
Sent: Wednesday, December 15, 2004 2:36 PM
To: Law  Religion issues for Law Academics
Subject: Steven Williams case and the Ten Commandments cases

As I was reading the SG's brief in McCreary, I was struck by the
similarity 
of the arguments offered in the brief to justify the Ten Commandments 
display and the arguments offered by list members to support Williams' 
teaching materials. The SG argues that the Ten Commandments display is 
constitutional because it communicates secular messages about the role
of 
religion in American history in general and the Ten Commandments 
contribution to our legal heritage in particular. Williams' supporters 
argue, if I understand them correctly, that lessons studying accounts of

the Sermon on the Mount, the Crucifixion of Jesus, and the Resurrection
of 
Jesus are permissible in public schools as part of the study of the role

that Christianity played in America's history and legal system.

Does it follow, then, that government may create displays portraying the

Sermon on the Mount, the Crucifixion of Jesus, and the Resurrection of 
Jesus and place them in prominent locations in schools and governmental 
buildings -- and justify doing so as for the same reason -- to
acknowledge 
the role that Christianity played in America's history and legal system?

Would the fact that America was overwhelmingly Christian at the time of
the 
founding of the U.S. negate any constitutional obligation on the part of

government to create displays portraying scenes important to other
faiths?

Alan Brownstein
UC Davis

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