Re: Steven Williams Case - more factual information

2004-12-18 Thread JMHACLJ
In a message dated 12/17/2004 3:22:37 PM Eastern Standard Time, [EMAIL PROTECTED] writes:

 I had a neighbor, who characterized himself as "a born again Christian." Knowing that I am Jewish, he one day presented me with literature from "Jews for Jesus." He explained to me his reasons for doing so, and I told him that I've thought about religion a great deal, even taught the philosophy of religion, and I have well-decided beliefs on the matter and essentially concluded thanks but no thanks. Our "good neighbor" relationship was none the worse--indeed, it probably became richer--as a result of this episode. Had he pursued his religious inclinations to convert me, or had I persisted in challenging his convictions, our relationship might not have withstood the test of time.

This narrative is evidence aplenty that the discussion can move forward in meaningful ways without the "proselytizing" crutch to aid it. Notice that you say he "presented" you the material and he "explained" his reasons for doing so. 

It's a small matter to make these mortals so happy.

Jim Henderson
Senior Counsel
ACLJ
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Re: Are the Ten Commandments the foundation of the Anglo-American legal system?

2004-12-18 Thread JMHACLJ
In a message dated 12/17/2004 6:57:46 PM Eastern Standard Time, [EMAIL PROTECTED] writes:

The foundation of American law, especially the *moral* foundation, begins with the Declaration of Independence, and continues at least through the adoption of the Bill of Rights. The Americans of 1776-1791 were clearly rejecting a great deal of their English heritage, including and established Church, an official religion, and the assumption that "God" made laws. "Governments are instituted among Men, deriving their just Powers from the Consent of the Governed," as Jefferson noted. Chief Justice Moore put up the Ten Commandments monument in Alabama because he claimed there was a high law which he had to obey. That may his personal theology, but it not the basis of our law.

When did the state constitutional provisions adopting the common law of England, as it existed on a specified date, as the decisional law of the State get struck down by someone's Establishment Clause challenge? 

Paul ignores substantial elements of the thinking that undergirded the duty to revolt. The revolution was justified because, as Englishmen, their right to be represented was being denied to them (see the Declaration's specifications; the first six wrongs committed against the colonies involve denying representation or burdening its effective use). While the colonists clearly broke with the Parliament and the Crown, they did not utterly abate their affiliation with their own law and their own history. True the product included the ultimate devise of the Constitution and the Bill of Rights, but those were the subsequent developments of a new Nation seeking an effective form of governance. The Declaration, on the other hand, demonstrates why Englishman everywhere, even in colonial lands, are not subject to denial of representation, etc.

Jim "And you were there" Henderson 
Senior Counsel 
ACLJ
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Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-18 Thread JMHACLJ
In a message dated 12/17/2004 11:31:37 PM Eastern Standard Time, [EMAIL PROTECTED] writes:

Surely, an exhaustive anthropology should reach back into those primitive societies that survived because they embraced such rules as no killing, no stealing, etc. 

Well, I wonder about this. 

Why should an anthropology of angles and saxons rely upon developments of neolithic cultures in the pacific rim? And what of the cultures that survived because they adopted the no killing us, no stealing from us, versions of these rules. 

If you visit Washington, DC, take the public tour of the Supreme Court building. If the docent does not proffer an explanation, inquire about those tables, centered over the Chief's head, that are numbered from 1 through 10: "Are those the Ten Commandments?" If you do, this is the reply you will get: "Actually, although numbered 1 through 10, those tables are intended by the artists to remind us of the moral codes common to all early societies."

That "interpretation" avoids complications that the ACLU might raise with the Court if the stock answer was that the tables represented the Ten Commandments and that the position of them above the Court and at the center of the bench symbolically acknowledge the superiority of God's law over man's and the centrality of God's law to the resolution of disputes over man's law. But that raises lots of issues about what moral code was common to all early societies, and how limited the code would have to be in order to reach across the boundaries of varied early cultures, etc.

Jim Henderson
Senior Counsel
ACLJ
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Re: Are the Ten Commandments the foundation of the Anglo-American legal system?

2004-12-18 Thread paul-finkelman

Jim writes:  
The Declaration, on the other hand, demonstrates why
Englishman everywhere, even in colonial lands, are not subject to denial of 
representation, etc.
 
So, what does the Ten Commandments have to do with representation?  Nothing 
of course.  That is the point.

Paul F.



Paul Finkelman
Chapman Distinguished Professor of Law
Univ. of Tulsa College of Law
2120 East 4th Place
Tulsa OK  74104-3189

Phone: 918-631-3706
Fax:918-631-2194
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RE: Are the Ten Commandments the foundation ofthe Anglo-Americanlegal system?

2004-12-18 Thread paul-finkelman
Eugene, I may have missed your point, since it seems we are in agreement that 
the Ten C. are not the moral foundation of Am. law.  But, I guess I would still 
argue that the moral, as opposed to perhaps the day-to-day practical, 
foundation of American law comes from the DoI and BoR.  Alternatively, the 
foundation (perhaps no so moral) of American law is property and the right to 
own it (including, for Jefferson property in about 175 people).  That might be 
the foundation of our legal culture -- protecting property while the moral 
aspiration was about liberty and equality.  The day-to-day practical issues 
were about regulating human behavior to make life safe (so we could pursue our 
happiness and acquire property).  I guess I don't see that laws against bad 
interpersonal behvaior (killing, stealing etc) are essentially a moral 
foundation, and if they are, they are found in every culture at all times, and 
so hardly unique to the US and certainly not based on the Ten C or even 
 the Bible.  If American law as a unique *America* foundation, it would be in 
the aspirational claims of the DoI and the BoR.

Quoting Volokh, Eugene [EMAIL PROTECTED]:

 I'm puzzled here.  Paul wrote that The foundation of American
 law, especially the *moral* foundation, begins with the
 Declaration of Independence, and continues at least through
 the adoption of the Bill of Rights. The Americans of 1776-1791
 were clearly rejecting a great deal of their English heritage,
 including and established Church, an official religion, and
 the assumption that 'God' made laws.  I responded that (1)
 other principles such as no killing, stealing, defaming,
 battering, etc. (including both those mentioned in the Ten
 Commandments and those not so mentioned) -- are a far more
 important part of the moral foundation of American law than
 the political principles in the Declaration of Independence,
 (2) much of English heritage therefore wasn't rejected, (3)
 the Americans of the Framing era didn't entirely reject
 established churches or official religions, though they
 rejected a national establishment (and some rejected state
 ones, though others didn't), and (4) many Americans took the
 view that right and justice were largely defined by God's law
 was surely not rejected.
 
 Now Paul responds by pointing out that the Ten Commandments
 weren't the foundation of American law.  I agree, and have
 said so publicly (including some of the points that Paul
 makes), see, e.g.,
 http://volokh.com/2003_04_27_volokh_archive.html#200199520
 http://volokh.com/2003_04_27_volokh_archive.html#200199520 
 and http://volokh.com/2003_04_20_volokh_archive.html#200195975
 http://volokh.com/2003_04_20_volokh_archive.html#200195975 .
  But I don't quite see how Paul's message responds to the
 points that I was making, and especially to my criticism of
 the statements in his original post.
 
 Eugene
 
 -Original Message- 
 From: [EMAIL PROTECTED] on behalf of
 [EMAIL PROTECTED] 
 Sent: Fri 12/17/2004 11:48 PM 
 To: Law  Religion issues for Law Academics 
 Cc: 
 Subject: RE: Are the Ten Commandments the foundation ofthe
 Anglo-Americanlegal system?
 
 
 
   For the Ten C. to be the foundation of law we would at least
 have to imagine that without the 10 C we might not have these
 rules; but of course ALL societies ban murder (not killing,
 which is a problem with the (incorrect) King James translation
 of the 10 C;), stealing, and perjury.  The 10 C say NOTHING
 about destroying property beating people up or defamation. 
 So, I don't see how the 10 C can be the moral foundation of
 law if those are central to our law.  Most of the 10 C have
 NOTHING to do with our law (one God, no sculptured images,
 keep the sabbath, honor your parents, don't take God's name in
 vain, etc.) so how can somethign be the moral foundation of
 the law if most of it is completely ignored by our law.   Some
 of our law -- or at least our economy -- cuts against the 10
 C-- Our economy is based on the concept of coveting your
 neighbors things goods, house (maybe not wife).  That is what
 makes capitallism run.
   
   Paul Finkelman
   
   Quoting Volokh, Eugene [EMAIL PROTECTED]:
   
  I'm not sure this is quite right.  Surely principles
 such as
no
killing, no stealing, no beating people up, no defaming
people, no
destroying their property, and so on -- both those
 mentioned
in the Ten
Commandments and those not so mentioned -- are a far more
important part
of the moral foundation of American law than the political
principles in
the Declaration of Independence.  The Declaration is
 pretty
important,
but the basic rules of decent conduct with respect to each
other seem
much more foundational.  That aspect of the English
 heritage
was surely
not rejected.
   
  Nor did all the Americans of 

Re: Are the Ten Commandments the foundation of the Anglo-American legal system?

2004-12-18 Thread JMHACLJ
In a message dated 12/18/2004 9:47:56 AM Eastern Standard Time, [EMAIL PROTECTED] writes:

The Declaration, on the other hand, demonstrates why
Englishman everywhere, even in colonial lands, are not subject to denial of representation, etc.

So, what does the Ten Commandments have to do with "representation"? Nothing of course. That is the point.

To the contrary, if the Ten Commandments form the basis of English law, and if the rights of Englishmen were denied by Crown and Parliament, and if Englishmen suffered that train of abuses until other recourse was unavailable, then what the colonists did was act upon principles of English law that ran deeply rooted in them and that sprang from the concepts previously discussed by some on this list.

Jim Henderson
Senior Counsel
ACLJ
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Re: proselytization

2004-12-18 Thread Steven Jamar
Prof. Lipkin was proselytized by his neighbor.  They both handled it with tolerance and maturity.  How does that change the fact of proselytization?  How does what the neighbor did not constitute an inducement to change religions -- the definition of proselytize?  This was no mere it came up in conversation or informal, impromptu exchange of views over the backyard fence when doing lawn chores.  That the neighbor lacked evangelical fervor (militant relentless advocacy) does not change the proselytization -- the inducement to change beliefs to something else.

Steve

On Saturday, December 18, 2004, at 08:25  AM, [EMAIL PROTECTED] wrote:

In a message dated 12/17/2004 3:22:37 PM Eastern Standard Time, [EMAIL PROTECTED] writes:

I had a neighbor, who characterized himself as a born again Christian.  Knowing that I am Jewish, he one day presented me with literature from Jews for Jesus.  He explained to me his reasons for doing so, and I told him that I've thought about religion a great deal, even taught the philosophy of religion, and I have well-decided beliefs on the matter and essentially concluded thanks but no thanks. Our good neighbor relationship was none the worse--indeed, it probably became richer--as a result of this episode. Had he pursued his religious inclinations to convert me, or had I persisted in challenging his convictions, our relationship might not have withstood the test of time.



This narrative is evidence aplenty that the discussion can move forward in meaningful ways without the proselytizing crutch to aid it.  Notice that you say he presented you the material and he explained his reasons for doing so. 

It's a small matter to make these mortals so happy.

Jim Henderson
Senior Counsel
ACLJ

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-- 
Prof. Steven D. Jamar vox:  202-806-8017
Howard University School of Law   fax:  202-806-8428
2900 Van Ness Street NW	mailto:[EMAIL PROTECTED]
Washington, DC  20008  http://www.law.howard.edu/faculty/pages/jamar

God, give us grace to accept with serenity the things that cannot be changed, courage to change the things which should be changed, and the wisdom to distinguish the one from the other.

Reinhold Neibuhr 1943

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Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-18 Thread Ed Brayton
Richard Dougherty wrote:
My question is a simple one, I think: regardless of the facts of this case, do 
you think it is unconstitutional to teach the Declaration of Independence -- 
that is, not as a historical document, but as if it were true, and that it is 
legitimate to tell students that it is true?  The problem, of course, is with 
the multiple references to God in the document.  Is it a violation of the First 
Amendment, say, to tell students that many (some?) of the colonists thought 
that God was the source of our rights, and that they were right about that?  Or 
do we avoid First Amendment problems only by saying that many of them perhaps 
thought that God was the source of our rights, but then abstain from making any 
suggestions about whether that is in fact right?
I think we certainly should teach that those who wrote the Declaration 
believed that rights were something we were endowed with by a creator. 
To teach anything else would be a lie. But no, I do not think that a 
teacher should then go on to say, And they were right about that. To 
do that is to endorse a religious position. It is also a statement that 
we can't really know is true or not, as opposed to the historical 
question of what they believed to be true, which we can give a solid 
empirical answer to.

And I'd go a step further than that and say that if teachers are going 
to discuss the religious views of the men who wrote the Declaration in 
any detail, they should make it clear that what there were major 
differences among them regarding the nature of the Creator, because that 
too is true and verifiable. One of the problems that is quite common in 
discussion of the founding fathers in general, and especially in this 
area, is that of oversimplification. To pretend that they all meant the 
same thing by creator or nature's god is, again, to teach something 
that simply isn't true. Jefferson's conception of God differed wildly 
from Patrick Henry's, which differed from Ben Franklin's, which differed 
from George Washington's. Most people see the broadly deistic language 
in the Declaration and, because they haven't read anything further about 
the founders' views, presume that it refers to the Christian God. But 
for many of the founders, it clearly did not (though for most, I think 
it did). Again, we should teach what is true and verifiable, which is 
that the fight for independence and the founding of America was achieved 
by a mixture of orthodox Christians and Enlightenment-inspired deists 
and unitarians who often disagreed greatly on religious matters (and on 
other matters, of course). Hence, most historical scholars view the 
language in the Declaration to be a sort of lowest common denominator 
reference, one which could satisfy both sides in this sometimes-tense 
compromise.

More later when I return home.
Ed Brayton
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Re: proselytization

2004-12-18 Thread JMHACLJ
In a message dated 12/18/2004 10:33:33 AM Eastern Standard Time, [EMAIL PROTECTED] writes:

Prof. Lipkin was proselytized by his neighbor. They both handled it 
with tolerance and maturity. How does that change the fact of 
proselytization? How does what the neighbor did not constitute an 
inducement to change religions -- the definition of proselytize? This 
was no mere "it came up in conversation" or informal, impromptu 
exchange of views over the backyard fence when doing lawn chores. That 
the neighbor lacked evangelical fervor (militant relentless advocacy) 
does not change the proselytization -- the inducement to change beliefs 
to something else.


I thoroughly enjoyed Don Quixote, even though our reading of him required me to keep my Cassell's English/Spanish Dictionary close at hand. Perhaps the tilting at windmills was subconsciously part of the attraction for me.

But, truth be told, Sancho Panza like, I tire of the game of persuading those who refuse to consider just how offputting the choices of language can be. I had expected that some, with their own cultural or ethnic sensibilities, would realize that just one instance of poor word choice can mar the dialogue while it is yet a-birthing. Proselytizing is a poor word choice in this arena precisely because those who use it, in the main, use it to describe only zealous religious evangelism, but never apply the term to the relentless pursuit of justice, of equality, of fairness, of abortion, etc., etc., etc.

His story about his neighbor proves the point that proselytization is not necessary to the discussion.

Jim Henderson
Senior Counsel
ACLJ
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Re: Evolution vs Creation Reaches the SATS

2004-12-18 Thread speters
Does anyone on the list know if this is indeed the direction the testing
is taking. That is, if the report is accurate.   The example questions
seem to ask for more than reading comprehension to me.

Susanna Peters



Those interested in the reach of the evolution vs creation tension and
 the legal issues arising in its impact on education may find this item,
 at

 http://swiftreport.blogs.com/news/2004/12/new_sat_questio.html#more

 to be worth a read. Is it true?  I don't know. I haven't researched it.
 If true, what happens to the student who leans in the other direction?
 Two versions of the SAT in the same state???

 Here's the first part (so as to avoid lifting the entire piece)

 =
 December 16, 2004
 New SAT Questions Replace Evolution with Creation

 NEW YORK, NY-Officials from the College Board, the nonprofit entity
 that
 administers the Scholastic Aptitude Test or SAT, have announced that
 they are
 producing a new version of the test for students who live in school
 districts where
 creationism rather than evolution is taught in science classes.

 Sat_readingcomp_1Students who take the revised test, which will be
 introduced in
 school districts in Kansas and Georgia in the fall of 2005, will no
 longer be tested on
 their ability to comprehend passages from scientific texts that are
 based on the
 controversial theory of evolution. Instead, they will read excerpts
 from writings on
 such creation-related topics as the six days in which God created the
 earth or the
 great flood, then answer a series of questions to indicate how well
 they've
 understood the passages. (Click image, left, to view questions; or
 download PDF.)

 * * * * * *

 =



 Jim Maule
 Professor of Law, Villanova University School of Law
 Villanova PA 19085
 [EMAIL PROTECTED]
 http://vls.law.vill.edu/prof/maule
 mauledagain.blogspot.com
 President, TaxJEM Inc (computer assisted tax law instruction)
 (www.taxjem.com)
 Publisher, JEMBook Publishing Co. (www.jembook.com)
 Maule Family Archivist  Genealogist (www.maulefamily.com)



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Re: Evolution vs Creation Reaches the SATS

2004-12-18 Thread Ed Brayton




The site this appears on is a well known parody site, so I would assume
it is exactly that.

Ed Brayton

[EMAIL PROTECTED] wrote:

  Does anyone on the list know if this is indeed the direction the testing
is taking. That is, if the report is accurate.   The example questions
seem to ask for more than reading comprehension to me.

Susanna Peters



Those interested in the reach of the evolution vs creation tension and
  
  
the legal issues arising in its impact on education may find this item,
at

http://swiftreport.blogs.com/news/2004/12/new_sat_questio.html#more

to be worth a read. Is it true?  I don't know. I haven't researched it.
If true, what happens to the student who leans in the other direction?
Two versions of the SAT in the same state???

Here's the first part (so as to avoid lifting the entire piece)

=
December 16, 2004
New SAT Questions Replace Evolution with Creation

NEW YORK, NY-Officials from the College Board, the nonprofit entity
that
administers the Scholastic Aptitude Test or SAT, have announced that
they are
producing a new version of the test for students who live in school
districts where
creationism rather than evolution is taught in science classes.

Sat_readingcomp_1Students who take the revised test, which will be
introduced in
school districts in Kansas and Georgia in the fall of 2005, will no
longer be tested on
their ability to comprehend passages from scientific texts that are
based on the
controversial theory of evolution. Instead, they will read excerpts
from writings on
such creation-related topics as the six days in which God created the
earth or the
great flood, then answer a series of questions to indicate how well
they've
understood the passages. (Click image, left, to view questions; or
download PDF.)

* * * * * *

=



Jim Maule
Professor of Law, Villanova University School of Law
Villanova PA 19085
[EMAIL PROTECTED]
http://vls.law.vill.edu/prof/maule
mauledagain.blogspot.com
President, TaxJEM Inc (computer assisted tax law instruction)
(www.taxjem.com)
Publisher, JEMBook Publishing Co. (www.jembook.com)
Maule Family Archivist  Genealogist (www.maulefamily.com)



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Re: Evolution vs Creation Reaches the SATS

2004-12-18 Thread Steven Jamar
The report is an obvious, albeit well done, satire.  The SAT does not test knowledge of science even in the section formerly known as verbal and soon to be known as critical reading.  It gives students a passage to read and asks questions designed to test their reading comprehension.  It does NOT presume knowledge of what is contained in the passage before one reads it, though such familiarity helps.

The College Board does give various versions of the tests, but does not modify them on a school-district or state by state basis.  The whole point is to give what is essentially the same test to everyone across the country in an attempt to test proficiency at certain skills deemed needed for success at college-level work.  Of course there is a level of knowledge involved, but not of the sort satirized in the Swift Report:  News and Views Before You Need Them.

Steve

On Saturday, December 18, 2004, at 01:05  PM, Ed Brayton wrote:

The site this appears on is a well known parody site, so I would assume it is exactly that.

Ed Brayton
[EMAIL PROTECTED] wrote:

Does anyone on the list know if this is indeed the direction the testing
is taking. That is, if the report is accurate.   The example questions
seem to ask for more than reading comprehension to me.

Susanna Peters

-- 
Prof. Steven D. Jamar vox:  202-806-8017
Howard University School of Law   fax:  202-806-8428
2900 Van Ness Street NW	mailto:[EMAIL PROTECTED]
Washington, DC  20008  http://www.law.howard.edu/faculty/pages/jamar

Lay not up for yourselves treasures upon earth, where moth and rust doth corrupt, and where thieves break through and steal; but lay up for yourselves treasures in heaven, where neither moth nor rust doth corrupt, and where thieves do not break through nor steal. For where your treasure is, there will your heart be also. 

Matthew 6:19-21
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Re: proselytization

2004-12-18 Thread RJLipkin




In a message dated 12/18/2004 11:08:53 AM Eastern Standard Time, 
[EMAIL PROTECTED] writes:
[The] 
  story about his neighbor proves the point that proselytization is not 
  necessary to the discussion.

Well, yes and no. Once 
again, I would bring the term into the particular situation as an issue to be 
discussed. And, of courseboth religious zealots 
andsecular zealots exist.What makes them objectionable to 
some peopleis not their religiosity or their secularity, but 
rathertheir zeal. 

I have a dear friend (not 
my neighbor in my previous example) whose religion requires him to 
"proselytize," as he himself told me, yet he chooses to proselytize by how he 
lives his entire life.In my view, he lives an exemplary life. Once, when I 
was trying to deal with parenting problems, this friend asked me whether I would 
like to speak with a member of his faith for guidance. Igratefully 
declined the offer. He was slightly embarrassed and said he hoped that I 
understood that his offer was prompted bywho he was and by the regard with 
which he held me. I understood completely and thanked him for being who he 
was and asked him to understand that my declining the offer was prompted by who 
I am. We both understood and appreciated one another better, and our 
relationship was made richer by this exchange. I think one accurate description 
of this incident was that my friend felt compelled by his faith to proselytize 
or at least to offer to introduce me to someone who would proselytize. I'm 
not insisting that the use of "proselytize" in this example is inevitable just 
that it is one useful way to describe our interaction. If that's so, the 
word proselytizing is notwhat's objectionable just the attitudes 
underlying some people's inclination to proselytize. When these attitudes 
involve generous concern for a friend, for example, the term seems 
unobjectionable.

Bobby

Robert Justin 
LipkinProfessor of LawWidener University School of 
LawDelaware
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Re: proselytization

2004-12-18 Thread Francis Beckwith
Title: Re: proselytization



Heres the way I look at. People who I agree with set out to raise consciousness. People I disagree with proselytize with militant zeal. :-) 

FJB

On 12/18/04 10:08 AM, [EMAIL PROTECTED] [EMAIL PROTECTED] wrote:

In a message dated 12/18/2004 10:33:33 AM Eastern Standard Time, [EMAIL PROTECTED] writes:

Prof. Lipkin was proselytized by his neighbor. They both handled it 
with tolerance and maturity. How does that change the fact of 
proselytization? How does what the neighbor did not constitute an 
inducement to change religions -- the definition of proselytize? This 
was no mere it came up in conversation or informal, impromptu 
exchange of views over the backyard fence when doing lawn chores. That 
the neighbor lacked evangelical fervor (militant relentless advocacy) 
does not change the proselytization -- the inducement to change beliefs 
to something else.


I thoroughly enjoyed Don Quixote, even though our reading of him required me to keep my Cassell's English/Spanish Dictionary close at hand. Perhaps the tilting at windmills was subconsciously part of the attraction for me.

But, truth be told, Sancho Panza like, I tire of the game of persuading those who refuse to consider just how offputting the choices of language can be. I had expected that some, with their own cultural or ethnic sensibilities, would realize that just one instance of poor word choice can mar the dialogue while it is yet a-birthing. Proselytizing is a poor word choice in this arena precisely because those who use it, in the main, use it to describe only zealous religious evangelism, but never apply the term to the relentless pursuit of justice, of equality, of fairness, of abortion, etc., etc., etc.

His story about his neighbor proves the point that proselytization is not necessary to the discussion.

Jim Henderson
Senior Counsel
ACLJ
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Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-18 Thread RJLipkin




In a message dated 12/18/2004 9:09:47 AM Eastern Standard Time, 
[EMAIL PROTECTED] writes:
Why 
  should an anthropology of angles and saxons rely upon developments of 
  neolithic cultures in the pacific rim? And what of the cultures that 
  survived because they adopted the no killing us, no stealing from us, versions 
  of these rules. 
Oh, because often the claim 
that American law is based on religion is offered as an explanation and 
justification of religion's salience in American society. In other words, the 
claim is that were it not for religion, society would consist of a war of all 
against all.Consequently, if anthropology reveals that those pre-religious 
societiesor those pre-Judeo-Christian societies also had laws against 
murder, theft, and forth, or if anthropology shows that only societies that have 
such rules survive, then some of the importance of religion as the groundwork of 
morality in American society is undercut. The claim that morality derives from 
and is justified bythe Ten Commandments, or some other 
Judeo-Christiantext cannot be sustained if anthropology reveals that prior 
secular societies or priornon-Judeo-Christian societies had the same or 
similar rules for governing social life.

Bobby


Robert Justin 
LipkinProfessor of LawWidener University School of 
LawDelaware
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Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-18 Thread RJLipkin





In a message dated 12/18/2004 3:51:16 PM Eastern Standard Time, 
[EMAIL PROTECTED] writes:
But, as 
  you know, there are many whochallenge the inalienability and self-evidence 
  of rights precisely on thegrounds that if rights have these non-material 
  properties
Why are 
"inalienability" and "self-evidence" "non-material properties"? Certainly, 
"self-evidence" is howwe know the truth ofpropositionswithout 
any ontological commitment.Further, I'm not sure I understand why 
"inalienability" implies non-naturalism.Perhaps, Frank is right that both 
these terms can be interpreted as "non-naturalist," but surely that 
interpretation is not necessary for rendering these terms intelligible.

Bobby

Robert Justin 
LipkinProfessor of LawWidener University School of 
LawDelaware
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Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-18 Thread Ed Brayton
Francis Beckwith wrote:
The declaration says three things about rights:
1. That they are self-evident
2. That they are inalienable
3. That they have divine source
So, Ed seems to be suggesting that we jettison teaching the third because
there is no principled way to teach it with out implying the falsity of
other takes on God and rights.  But, as you know, there are many who
challenge the inalienability and self-evidence of rights precisely on the
grounds that if rights have these non-material properties, it seems that
some form of non-naturalism must be the case and theism is a form of
non-naturalism.  So, there's good reason to ignore 1 and 2 as well since it
may lead one to think that theism has a lot more going for it in grounding
rights than let's say materialism.
I'm not suggesting that we not teach that this is the philosophy behind 
the Declaration, I'm just saying that if we allow teachers to advocate 
that the theological position is true, how do we prevent them from 
advocating any other theological position? If we cannot do so, then 
we'll have quite a mess on our hands as Muslim teachers teach their 
students that the Quran is true, for instance, or atheist teachers teach 
that the bible is false. From a practical standpoint, this clearly isn't 
workable, but at the same time you cannot constitutionally say that we 
will allow teachers to teach some theological positions but not others. 
How would you address that question, which was at the core of what I said?

Ed Brayton
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Re: Evolution vs Creation Reaches the SATS

2004-12-18 Thread James Maule
Within the past few hours I received a similar message, that this is
*probably* a parody, given the nature of the site that published (or
republished) it? The folks at SAT have not yet confirmed or denied. 

That's why I included Is it true? I don't know as a red flag,
expressing my doubts. My doubts were triggered not by knowledge of the
site's nature as a parody site (for I had not been to the site) but by
the absurd logistics issue raised in my question about how the test
would be administered.

If it is a parody, it is rather well done. Sometimes a laugh smooths
the way for serious discussion.

Jim Maule

 [EMAIL PROTECTED] 12/18/04 1:05:07 PM 
The site this appears on is a well known parody site, so I would assume

it is exactly that.

Ed Brayton

[EMAIL PROTECTED] wrote:

Does anyone on the list know if this is indeed the direction the
testing
is taking. That is, if the report is accurate.   The example
questions
seem to ask for more than reading comprehension to me.

Susanna Peters



Those interested in the reach of the evolution vs creation tension
and
  

the legal issues arising in its impact on education may find this
item,
at

http://swiftreport.blogs.com/news/2004/12/new_sat_questio.html#more 

to be worth a read. Is it true?  I don't know. I haven't researched
it.
If true, what happens to the student who leans in the other
direction?
Two versions of the SAT in the same state???

Here's the first part (so as to avoid lifting the entire piece)

=
December 16, 2004
New SAT Questions Replace Evolution with Creation

NEW YORK, NY-Officials from the College Board, the nonprofit entity
that
administers the Scholastic Aptitude Test or SAT, have announced that
they are
producing a new version of the test for students who live in school
districts where
creationism rather than evolution is taught in science classes.

Sat_readingcomp_1Students who take the revised test, which will be
introduced in
school districts in Kansas and Georgia in the fall of 2005, will no
longer be tested on
their ability to comprehend passages from scientific texts that are
based on the
controversial theory of evolution. Instead, they will read excerpts
from writings on
such creation-related topics as the six days in which God created
the
earth or the
great flood, then answer a series of questions to indicate how well
they've
understood the passages. (Click image, left, to view questions; or
download PDF.)

* * * * * *

=



Jim Maule
Professor of Law, Villanova University School of Law
Villanova PA 19085
[EMAIL PROTECTED] 
http://vls.law.vill.edu/prof/maule 
mauledagain.blogspot.com
President, TaxJEM Inc (computer assisted tax law instruction)
(www.taxjem.com)
Publisher, JEMBook Publishing Co. (www.jembook.com)
Maule Family Archivist  Genealogist (www.maulefamily.com)



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Re: Re: Are the Ten Commandments the foundation of the Anglo-American legal system?

2004-12-18 Thread Ross S. Heckmann



In response to Prof. Lipkin's post set forth below, I believe it would more 
precise to say that law is ultimately based on conscience rather than what is 
thought of as religion. Many of the more conservative and traditional 
believers would say thatcross-cultural similarities exist because the same 
ethical principles have been written upon every person's conscience. They would 
account for cross-cultural differences through individual and societal 
corruption. They would maintain that The Ten Commandments embody in 
uncorrupted form what was originally written on the conscience of each 
andall.

Additionally, it appears that underlying the Ten Commandments is a much 
broader definition of "law" then that which is current. Law might be 
defined as commandswith sanctions that may result from violation of 
thosecommands. We moderns tend to confine "law" to those commands to 
which are annexed sanctions imposed by the government; it appears to me that at 
least some of the ancients would also count as laws those whose violations 
result insanctions imposed only in the forum of the conscience, sanctions 
that naturally result from violation of the law (e.g., "what goes around comes 
around," etc.), and/or sanctions imposed directly as a result of Divine 
justice. Even with respect to the Ten Commandments themselves, one will 
search in vain through the rest of any version of any Bible for a sanction 
imposed by the government for violating the commandment(s) against covetousness 
that did not result in any overt act. The mere fact that there are no 
sanctions imposed by the government does not mean that the commandment(s) 
against covetousness are not laws in this broader sense. Perhaps the Ten 
Commandments could more readily be viewed as the foundation of American law if 
law were viewed in this broader sense.

Finally, it should be noted that in Christendom (including England  
the U.S.)each of the TenCommandments has been given a far broader 
application than might be apparent merely from the face of the 
commandment. See, e.g., Sermon on the Mount, Matt 5: 21-23 (anger or 
name-calling treated as violation of the commandment, "Thou shalt not 
kill") In the Lutheran tradition, each law was classified under one of the 
commandments:

 ". . . . Like [Martin] Luther and [Philip] Melancthon, 
[Johann] Oldendorp traced all laws for ordering the earthly kingdom (weltliches 
Regiment, 'the secular regime') to what later came to be numbered as the Fifth 
Commandment ('Honor thy father and they mother'--the prince being the 
parent). More clearly than Melancthon, he traced all penal laws to the 
Sixth Commandment ('Thou shalt not kill'), the law of private property to the 
Eighth Commandment ('Thou shalt not steal'), and the law of procedure to the 
Ninth Commandment ('Thou shalt not bear false witness.'). He also (unlike 
Melancthon) traced family law to the Tenth Commandment ('Thou shalt not covet . 
. . thy neighbor's wife') and the law of taxation to the general commandment 
'Thou shalt love thy neighbor as thyself'. 

 "Oldendorp placed special emphasis on the Eighth 
Commandment ('Thou shalt not steal'), in which he saw the source not only of 
private property but also of contract law. . . . "

(Harold J. Berman, Law and Revolution II: The Impact of the Protestant 
Reformations on the Western Legal Tradition (2003) 89-90 (footnotes 
omitted).)

 Johann Oldendorp's principal treatise was in the library 
of United States Supreme Court Justice Joseph Story, and Story 
quotedOldendorp in Story's own his "Commentaries on Equity 
Jurisprudence." (Berman, supra, 413 n. 111.)

 If the Ten Commandments are each given a broad 
interpretation, then the Ten Commandments might encompass a wide enough area so 
that they might be regarded as the foundation of American law.

Very truly yours,

Ross S. Heckmann
Attorney at Law
Arcadia, California


  - Original Message - 
  From: 
  [EMAIL PROTECTED] 
  
  To: [EMAIL PROTECTED] 
  Sent: Saturday, December 18, 2004 11:18 
  AM
  Subject: Re: Are the Ten Commandments the 
  foundation of the Anglo-Americanlegal system?
  
  
  In a message dated 12/18/2004 9:09:47 AM Eastern Standard Time, [EMAIL PROTECTED] writes:
  Why 
should an anthropology of angles and saxons rely upon developments of 
neolithic cultures in the pacific rim? And what of the cultures that 
survived because they adopted the no killing us, no stealing from us, 
versions of these rules. 
  Oh, because often the 
  claim that American law is based on religion is offered as an explanation and 
  justification of religion's salience in American society. In other words, the 
  claim is that were it not for religion, society would consist of a war of all 
  against all.Consequently, if anthropology reveals that those 
  pre-religious societiesor those pre-Judeo-Christian societies also had 
  laws against murder, theft, and forth, or if anthropology shows that only 
  societies that 

Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-18 Thread paul-finkelman
Divine source, perhaps, but certainly not the God of the Bible, but rather a 
diestic creator or nature's God.  

Paul FInkelman

Quoting Francis Beckwith [EMAIL PROTECTED]:

 Very good questions. I think one could teach the logic of the
 Declaration
 without saying that it is true.  For example, I frequently
 lecture on
 thinkers and arguments that I don't think are correct, but I
 do so because I
 would not be a virtuous teacher.  On the other hand, it may be
 that some
 religious beliefs are more consistent with a just regime than
 others. For
 example, from your perspective a religion that taught its
 adherents that the
 state should teach in its schools the true religion would be a
 religion that
 is mistaken about the nature of the state.
 
 Frank
 
 On 12/18/04 3:23 PM, Ed Brayton [EMAIL PROTECTED]
 wrote:
 
  Francis Beckwith wrote:
  
  The declaration says three things about rights:
  
  1. That they are self-evident
  2. That they are inalienable
  3. That they have divine source
  
  So, Ed seems to be suggesting that we jettison teaching the
 third because
  there is no principled way to teach it with out implying
 the falsity of
  other takes on God and rights.  But, as you know, there are
 many who
  challenge the inalienability and self-evidence of rights
 precisely on the
  grounds that if rights have these non-material properties,
 it seems that
  some form of non-naturalism must be the case and theism is
 a form of
  non-naturalism.  So, there's good reason to ignore 1 and 2
 as well since it
  may lead one to think that theism has a lot more going for
 it in grounding
  rights than let's say materialism.
  
  
  I'm not suggesting that we not teach that this is the
 philosophy behind
  the Declaration, I'm just saying that if we allow teachers
 to advocate
  that the theological position is true, how do we prevent
 them from
  advocating any other theological position? If we cannot do
 so, then
  we'll have quite a mess on our hands as Muslim teachers
 teach their
  students that the Quran is true, for instance, or atheist
 teachers teach
  that the bible is false. From a practical standpoint, this
 clearly isn't
  workable, but at the same time you cannot constitutionally
 say that we
  will allow teachers to teach some theological positions but
 not others.
  How would you address that question, which was at the core
 of what I said?
  
  Ed Brayton
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 viewed as private.
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Paul Finkelman
Chapman Distinguished Professor of Law
Univ. of Tulsa College of Law
2120 East 4th Place
Tulsa OK  74104-3189

Phone: 918-631-3706
Fax:918-631-2194
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Supposedly Deistic nature of the Declaration of Independence

2004-12-18 Thread Volokh, Eugene
I'm not positive, but it sounds to me like Paul is saying that the vision of 
God expressed in the Declaration is generally Deistic.  Deism, as I understand 
it, is defined as The belief, based solely on reason, in a God who created the 
universe and then abandoned it, assuming no control over life, exerting no 
influence on natural phenomena, and giving no supernatural revelation (I drew 
this from dictionary.com, which is based on the American Heritage Dictionary).
 
But even if endowed by their Creator and Laws . . . of Nature's God are as 
consistent with Deism as with Christianity, can the same be said about 
appealing to the Supreme Judge of the world for the rectitude of our 
intentions and a firm reliance on the protection of divine Providence?  The 
rhetoric, at least, sounds like a God who at least judges people after their 
deaths (Supreme Judge of the world) and perhaps even protects people in this 
life (protection of divine Providence).
 
Now it may well be that Jefferson didn't fully believe in this rhetoric 
himself:  Politicians may often use language that they think of as appealing to 
the public even if they themselves might have put things differently in private 
life.  But it sounds like the public meaning of the Declaration referred to a 
judging and perhaps even interventionist God, and not simply a creator.  Or am 
I mistaken?
 
Eugene
 
 
 
Paul Finkelman writes:
 
Divine source, perhaps, but certainly not the God of the Bible, but rather a 
diestic creator or nature's God. 

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Re: Supposedly Deistic nature of the Declaration of Independence

2004-12-18 Thread Francis Beckwith
It seems to me that Eugene is right. The God of the Declaration is
theologically minimal, which means that it is consistent with common
understandings of Deism and orthodox Christianity.   It seems to me that one
can be virtually any sort of theist and accept the principles of the
Declaration.   One may be a Christian and see the God of the Declaration as
congenial to one's theology, but it does not follow that one must be a
Christian in order to see the God of the Declaration as congenial to one's
theology.  

Frank


On 12/18/04 10:39 PM, Volokh, Eugene [EMAIL PROTECTED] wrote:

 I'm not positive, but it sounds to me like Paul is saying that the vision of
 God expressed in the Declaration is generally Deistic.  Deism, as I understand
 it, is defined as The belief, based solely on reason, in a God who created
 the universe and then abandoned it, assuming no control over life, exerting no
 influence on natural phenomena, and giving no supernatural revelation (I drew
 this from dictionary.com, which is based on the American Heritage Dictionary).
 
 But even if endowed by their Creator and Laws . . . of Nature's God are as
 consistent with Deism as with Christianity, can the same be said about
 appealing to the Supreme Judge of the world for the rectitude of our
 intentions and a firm reliance on the protection of divine Providence?  The
 rhetoric, at least, sounds like a God who at least judges people after their
 deaths (Supreme Judge of the world) and perhaps even protects people in this
 life (protection of divine Providence).
 
 Now it may well be that Jefferson didn't fully believe in this rhetoric
 himself:  Politicians may often use language that they think of as appealing
 to the public even if they themselves might have put things differently in
 private life.  But it sounds like the public meaning of the Declaration
 referred to a judging and perhaps even interventionist God, and not simply a
 creator.  Or am I mistaken?
 
 Eugene
 
 
 
 Paul Finkelman writes:
 
 Divine source, perhaps, but certainly not the God of the Bible, but rather a
 diestic creator or nature's God.
 
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Re: Supposedly Deistic nature of the Declaration of Independence

2004-12-18 Thread Richard Dougherty
Whatever conclusion we might draw about the character of the Declaration's 
God/Creator/Judge/Providence, it seems to me that the asssertion that the First 
Amendment prohibits the government and its officials from stating that it is 
true that we are endowed by our Creator with certain unalienable rights is an 
assertion that is not readily evident, to say the least.

And to return to the discussion that started off this thread, my guess is that 
this is what is meant by saying that the Declaration is being banned from 
public school.  No one (?) thinks that the Declaration can't be read as a 
historical document, in much the same way as we read the Law of the Twelve 
Tables, Hammurabi, or The Awful Disclosures of Maria Monk, or the Protocols of 
the Elders of Zion, or the Klan's Kourier.  The important question is, can you 
say anything more substantive about the relative claims made in these documents?

Richard Dougherty

-- Original Message --
From: Francis Beckwith [EMAIL PROTECTED]
Reply-To: Law  Religion issues for Law Academics [EMAIL PROTECTED]
Date:  Sat, 18 Dec 2004 22:59:56 -0600

It seems to me that Eugene is right. The God of the Declaration is
theologically minimal, which means that it is consistent with common
understandings of Deism and orthodox Christianity.   It seems to me that one
can be virtually any sort of theist and accept the principles of the
Declaration.   One may be a Christian and see the God of the Declaration as
congenial to one's theology, but it does not follow that one must be a
Christian in order to see the God of the Declaration as congenial to one's
theology.  

Frank


On 12/18/04 10:39 PM, Volokh, Eugene [EMAIL PROTECTED] wrote:

 I'm not positive, but it sounds to me like Paul is saying that the vision of
 God expressed in the Declaration is generally Deistic.  Deism, as I 
 understand
 it, is defined as The belief, based solely on reason, in a God who created
 the universe and then abandoned it, assuming no control over life, exerting 
 no
 influence on natural phenomena, and giving no supernatural revelation (I 
 drew
 this from dictionary.com, which is based on the American Heritage 
 Dictionary).
 
 But even if endowed by their Creator and Laws . . . of Nature's God are 
 as
 consistent with Deism as with Christianity, can the same be said about
 appealing to the Supreme Judge of the world for the rectitude of our
 intentions and a firm reliance on the protection of divine Providence?  
 The
 rhetoric, at least, sounds like a God who at least judges people after their
 deaths (Supreme Judge of the world) and perhaps even protects people in 
 this
 life (protection of divine Providence).
 
 Now it may well be that Jefferson didn't fully believe in this rhetoric
 himself:  Politicians may often use language that they think of as appealing
 to the public even if they themselves might have put things differently in
 private life.  But it sounds like the public meaning of the Declaration
 referred to a judging and perhaps even interventionist God, and not simply a
 creator.  Or am I mistaken?
 
 Eugene
 
 
 
 Paul Finkelman writes:
 
 Divine source, perhaps, but certainly not the God of the Bible, but rather a
 diestic creator or nature's God.
 
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Re: Supposedly Deistic nature of the Declaration of Independence

2004-12-18 Thread JMHACLJ
In a message dated 12/19/2004 1:19:25 AM Eastern Standard Time, [EMAIL PROTECTED] writes:

It is not insignifcant, I think that none of the existing records of the federal convention contain any references to God or the Bible (much less the 10 C) and that when Franklin suggesting beginning the sessions with prayer, as a desperate attempt avoid a collapse of the Convention, he was politely ignored.


The point not to be lost in your rush to congratulate a group of men whose diversity of religious affiliations prevented them from acceding to the choices of others in prayer leaders is that Franklin spoke the words that he did, when he did, as he did, knowing what he did. Those words knock a lot of nonsense back on its haunches.

Jim Henderson
Senior Counsel
ACLJ
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