RE: Francis Collins and Acceptable Criticisms

2009-08-11 Thread Eric Rassbach
I agree with Eugene that what government (including Senators acting in their 
official capacities) should do is different than individuals should or may do, 
and I would not want anyone to think that I believe there should be some sort 
of government restraint on individual expression of disapproval of any or all 
religious views.

That said, my personal feeling would be that the relevant guiding principle in 
dealing with others should be whether that person engages in reasoned dialogue. 
 In that respect, I thought Eugene's use of the word crank very appropriate.  
A crank is someone who doesn't engage others in reasoned argument--he either 
won't even speak to those who disagree, or when he does he will refuse to 
listen to counterarguments.  Someone who responds to the questions and 
arguments of others, even if he does not end up agreeing with the 
counterarguments, is not a crank.  Thus a firmly held belief, no matter how 
odd, is not sufficient to make someone a crank; failure to engage others in 
reasoned argument (including about one's religious beliefs) would be.

An example.  A lot of people, maybe most people, think my client Jose Merced in 
our Texas Santeria case is wrong-headed because he wants to sacrifice goats, 
turtles, chickens and other animals to orishas (household gods) in order to 
ensure that the orishas receive the life-force ashe and do not pass out of the 
world.  But I don't think many of those disagreeing with Jose would ever think 
him a crank if they met him and had a conversation with him.  He uses reason 
when talking with others and has some empathy for and insight into the views of 
others, including those who strongly disagree with his religious beliefs or 
practices.  The real distinguishing factor is again not the content of the 
beliefs, but the way in which Jose engages the rest of the world that disagrees 
with those beliefs.  I should think any of us would be happy to interact with 
him.

On a broader level, I think the level of public discourse in this country would 
be elevated if more people recognized philosophy's role as a kind of mediatory 
genre of thought between science and religion.  Right now there are people on 
both sides of the contentious social and religious questions of the day who 
seem to think that science and religion should be pitted one against the other, 
and there are some who have profited from sharpening the conflict.  I take it 
that Sam Harris's argument against Collins is that Collins is not skeptical 
enough of the claims of Christianity in non-scientific questions.  If one 
examines this argument, however, it is revealed as an essentially philosophical 
(and specifically epistemological) claim--knowledge is restricted to those 
things science can prove or disprove, and we should disbelieve other truth 
claims.  This argument is hardly dispositive if one situates it in the full 
spectrum and history of philosophical debate.  No philosopher !
 has proven that one must adopt this very specific form of skeptical 
philosophy.  Nor is there any evidence that having any particular philosophical 
approach automatically affects one's performance as a scientist (though a true 
Nietzschean might have issues with science's truth claims).  The fundamental 
problem with how Harris couches his argument is that it obscures the 
philosophical assumptions that underlie it, either through ignorance of those 
assumptions, or as part of a rhetorical strategy.  His argument would be 
clearer, and would lead to better dialogue, if those issues that are scientific 
were distinguished from those that are philosophical in nature.  Talking about 
the philosophical questions also has the advantage of creating common ground 
where those with religious beliefs and those without them can meet and reason 
together.  But creating common ground may not be Mr. Harris's goal.

Eric


From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] 
On Behalf Of Volokh, Eugene [vol...@law.ucla.edu]
Sent: Friday, August 07, 2009 6:43 PM
To: 'Law  Religion issues for Law Academics'
Subject: RE: Francis Collins and Acceptable Criticisms

I appreciate Eric's points, and I think there's much truth to them.  
But I do think that it might be helpful to distinguish what the government as 
an institution should do, and what we as voters (who may try to influence 
Senators) should do.

I certainly don't quiz my doctors about their views on elephants and 
turtles, but if I learned that a doctor whom I was considering really, 
genuinely thought that the world did indeed rest on the elephants and turtles, 
I would probably find another doctor (even if I thought that the government 
shouldn't fire him for such beliefs).  Likewise, I probably wouldn't support 
someone for head of the NIH if he had this belief.  Again, if I thought that 
many educated devout Hindus today did believe this, then I might have

RE: Francis Collins and Acceptable Criticisms

2009-08-07 Thread Volokh, Eugene
   I think Mark's point is quite right, partly because it stresses 
the basic traditional doctrines of the majority faith (which is quite 
relevant to scientists' want[ing] public support) and partly because there 
have been many very distinguished scientists who have had such beliefs 
(including recently, and not just in the distant path).  But I think both the 
merit and the limitation of this argument is that it is indeed so constrained, 
and does distinguish the religions of sensible mainstream people from the 
religions of zany fringe people.  It works very well a prudential and pragmatic 
argument (albeit with some degree of moral consequences if the prudential and 
pragmatic predicates are fulfilled).  But I suspect it doesn't work as a 
constitutional or quasi-constitutional argument, and I'm not sure that it even 
works as a rule of political morality, though it is a good guide to sensible 
behavior.  Or am I not doing it enough justice?

   Eugene

From: religionlaw-boun...@lists.ucla.edu 
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Scarberry, Mark
Sent: Thursday, August 06, 2009 5:07 PM
To: Law  Religion issues for Law Academics; Law  Religion issues for Law 
Academics
Subject: RE: Francis Collins and Acceptable Criticisms

If scientists want public support for their effort -- support that I for one am 
happy to give even if it means taxes are somewhat higher than they otherwise 
would be -- then scientists need to show that they do not consider most of us 
to be fools. If belief in the basic traditional doctrines of the majority faith 
in the US disqualifies one from leading a scientific effort because it somehow 
shows that the person cannot be trusted to do honest science, then science is, 
in Dickens' phrase a ass -- a idiot. (Mr. Bumble in Oliver Twist, speaking 
not of science but of the law.) There have been many very distinguished 
scientists who have had such beliefs, and I think it is bigotry to disqualify 
such persons from scientific positions. Or perhaps we now should discard the 
results of the human genome project, because Francis Collins led the effort, 
and of course the results cannot be reliable.

A scientist might reasonably ask whether a candidate for such a position would 
use methodological naturalism in carrying out his or her duties. I doubt that 
Francis Collins ever thought that God would send a miracle to make up for 
sloppy treatment of DNA samples, or that he set up a program to look for hidden 
biblical messages in the base sequences of human DNA. But naturalism as a 
method is far different from naturalism as a belief system; to require 
naturalism as a belief system is indeed to impose a religious test.

Mark Scarberry
Pepperdine


From: religionlaw-boun...@lists.ucla.edu on behalf of Volokh, Eugene
Sent: Thu 8/6/2009 4:35 PM
To: 'Law  Religion issues for Law Academics'
Subject: RE: Francis Collins and Acceptable Criticisms
I appreciate Eric's suggestion, but I wonder whether it works.  I 
take it that the response to But all our instruments show that there's no 
elephant or turtle down there would be the same as the response to But all 
our experience with medicine tells us that there can't be a virgin birth or a 
resurrection - Well, this is a special miracle that can't be tested with your 
instruments / that doesn't fit with our experience.  I'm not sure one can 
easily distinguish the two.

But even if one does draw the line that Eric suggests, say the 
person says The world used to rest on the back of four elephants, which rest 
on a turtle.  But not long ago that changed, and that's why our instruments 
can't perceive this now.  Would our view of the person's general 
trustworthiness really change, on the grounds that now he's saying something 
that isn't currently testable with current observations?

Likewise, the quantum mechanics rationale doesn't strike me as 
working, either.  If it turned out that an NIH candidate believes in werewolves 
(perhaps with some religious explanation), and explains his belief on the 
grounds that there's a probability, however infinitesimal, that he'll turn into 
a werewolf, would you be satisfied about his qualities?  What if you heard this 
from a doctor that you were considering going to - wouldn't you think you might 
be safer in someone else's hands?

As to the aether theory, I don't know what the view was at the 
time; I suspect that it wasn't viewed so firmly that anyone who disagreed would 
be seen as a crank.  But say that it was, and that therefore people who 
rejected the theory were wrongly condemned and discriminated against.  That's 
surely bad.  Yet does our uncertainty about what's right, and our recognition 
that time has upset many fighting faiths, mean that we just have to 
categorically ignore a person's seemingly unsound scientific views when he's 
being considered for a high government

Re: Francis Collins and Acceptable Criticisms

2009-08-07 Thread ArtSpitzer
[I sent this last night but it doesn't seem to have reached the list so I'm 
trying again, slightly edited.]

The courts have told us that a statute that coincides with a religious 
belief, and that may have been enacted by legislators whose votes were 
influenced by their personal religious beliefs, is not thereby an establishment 
of 
religion.  E.g., Harris v. McRae (no tax funding for abortions).  Why 
shouldn't the same principle apply here?  If a person's openly held beliefs or 
public statements are actually antithetical to the requirements of a particular 
job, then that person should not have to be hired or retained in that job.  
Whether the beliefs or statements at issue arise from the person's religion 
or from some other source should be irrelevant.  If I won't defend someone's 
legal right to utter blasphemy, then the ACLU could reasonably refuse to 
hire me as a First Amendment litigator, regardless of whether my refusal to do 
so arises from my religious belief that blasphemy (and the defense of 
blasphemy) is a sin, or from my purely secular belief that the world would be a 
better place if people were legally prohibited from casting aspersions on 
other people's religious beliefs.

I therefore don't see how denying a job to a person who holds beliefs that 
are antithetical to the requirements of the job constitutes a religious 
test. 

I think the argument that this is a religious test assumes that “no 
religious test shall ever be required as a qualification” includes the meaning 
“no 
secular test shall ever be required as a qualification if it would have a 
disparate impact on people of some religion,” which seems dubious to me.  Is 
it a “religious test” to require that a Public Health Service nurse be 
willing and able to give vaccinations, which (I'm assuming for the sake of 
making the point) means that a Christian Scientist can't get that job?

Whether a person's beliefs are actually antithetical to the requirements of 
a particular job depends a lot on the job.  I don't care if an NIH file 
clerk believes that the germ theory of disease is a false invention of Satan, 
intended to mislead people into vainly trying to cure illness with medicine 
rather than with prayer -- as long as that belief doesn't cause him to 
misfile charts.  But I think such a belief should disqualify a person from 
being 
the head of NIH, because such a belief is very likely to skew decisions that 
are within the power of that job.  (And this remains true even though it's 
possible that in 200 years the germ theory will have been displaced by a more 
sophisticated understanding of illness. We can't live 200 years in the 
future.)

Of course, it's the government's option whether to assert or to disregard 
such a disqualification.  There's nothing unlawful about appointing a person 
who doesn't believe in germs to be the head of NIH, any more than it's 
unlawful to appoint a person who doesn't believe in regulating Wall Street to 
be 
the head of the SEC, or unlawful to appoint a person who believes that “when 
the President does it, it's not against the law” to be the Attorney 
General.

Art Spitzer (speaking personally; I don't think the ACLU has expressed any 
view about the appointment of Dr. Collins)


___
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see 
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw

Please note that messages sent to this large list cannot be viewed as private.  
Anyone can subscribe to the list and read messages that are posted; people can 
read the Web archives; and list members can (rightly or wrongly) forward the 
messages to others.

RE: Francis Collins and Acceptable Criticisms

2009-08-07 Thread Will Linden
I thought that werewolves were men who turn into wolves (or vice versa, 
according to Larry Niven and the Warlock). So what does it mean to turn 
INTO a werewolf?


At 09:09 PM 8/6/09 -0700, you wrote:
Many list members whose email programs block attachments may have 
wondered, as I did, what Will Linden's point was. If you let the 
attachment through you will see that it includes his photo, in which, in 
my view, he simply looks respectably hirsute. You may be able to see it below.


With appreciation for Will's attempt to lighten the mood,

Mark Scarberry

Pepperdine

At 04:35 PM 8/6/09 -0700, Will Linden wrote:


explains his belief on the grounds that there's a probability, 
however infinitesimal, that he'll turn into a werewolf, would you be 
satisfied about his qualities?




Turn INTO a werewolf?

 http://www.retaggr.com/SignatureProfile/wlinden

___
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see 
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw


Please note that messages sent to this large list cannot be viewed as 
private.  Anyone can subscribe to the list and read messages that are 
posted; people can read the Web archives; and list members can (rightly or 
wrongly) forward the messages to others.


http://www.retaggr.com/SignatureProfile/wlinden ___
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see 
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw

Please note that messages sent to this large list cannot be viewed as private.  
Anyone can subscribe to the list and read messages that are posted; people can 
read the Web archives; and list members can (rightly or wrongly) forward the 
messages to others.

RE: Francis Collins and Acceptable Criticisms

2009-08-07 Thread Brownstein, Alan
I agree with Art to the extent that his post is limited to specific beliefs 
that are in fact antithetical to the satisfactory performance of a particular 
job – that is, beliefs as to which there may be either secular or religious 
sources. But there are other variations of the problem.


1.   The contention that religious beliefs per se, that is, the belief that 
some things have happened or will happen that can’t be explained by science and 
have theological explanations, is itself a basis for disqualifying a person for 
a job requiring a commitment to, and expertise in, science.

2.   The contention that some unconventional and idiosyncratic religious 
beliefs disqualify a person for a leadership position, not because they are 
antithetical in some direct way to the requirements of the position, but 
because they cast doubt on the person’s judgment or on the way that they 
distinguish truth from falsehood.

This leaves open the question of exactly what it means for a belief to be 
antithetical to the performance of a particular job. On that issue I would 
think it is clear that common monotheistic beliefs are not antithetical to the 
satisfactory, indeed the exemplary, performance of high level positions in 
science and virtually every other field.

Alan Brownstein



From: religionlaw-boun...@lists.ucla.edu 
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of artspit...@aol.com
Sent: Friday, August 07, 2009 7:42 AM
To: religionlaw@lists.ucla.edu
Subject: Re: Francis Collins and Acceptable Criticisms

[I sent this last night but it doesn't seem to have reached the list so I'm 
trying again, slightly edited.]

The courts have told us that a statute that coincides with a religious belief, 
and that may have been enacted by legislators whose votes were influenced by 
their personal religious beliefs, is not thereby an establishment of religion.  
E.g., Harris v. McRae (no tax funding for abortions).  Why shouldn't the same 
principle apply here?  If a person's openly held beliefs or public statements 
are actually antithetical to the requirements of a particular job, then that 
person should not have to be hired or retained in that job.  Whether the 
beliefs or statements at issue arise from the person's religion or from some 
other source should be irrelevant.  If I won't defend someone's legal right to 
utter blasphemy, then the ACLU could reasonably refuse to hire me as a First 
Amendment litigator, regardless of whether my refusal to do so arises from my 
religious belief that blasphemy (and the defense of blasphemy) is a sin, or 
from my purely secular belief that the world would be a better place if people 
were legally prohibited from casting aspersions on other people's religious 
beliefs.

I therefore don't see how denying a job to a person who holds beliefs that are 
antithetical to the requirements of the job constitutes a religious test.

I think the argument that this is a religious test assumes that “no religious 
test shall ever be required as a qualification” includes the meaning “no 
secular test shall ever be required as a qualification if it would have a 
disparate impact on people of some religion,” which seems dubious to me.  Is it 
a “religious test” to require that a Public Health Service nurse be willing and 
able to give vaccinations, which (I'm assuming for the sake of making the 
point) means that a Christian Scientist can't get that job?

Whether a person's beliefs are actually antithetical to the requirements of a 
particular job depends a lot on the job.  I don't care if an NIH file clerk 
believes that the germ theory of disease is a false invention of Satan, 
intended to mislead people into vainly trying to cure illness with medicine 
rather than with prayer -- as long as that belief doesn't cause him to misfile 
charts.  But I think such a belief should disqualify a person from being the 
head of NIH, because such a belief is very likely to skew decisions that are 
within the power of that job.  (And this remains true even though it's possible 
that in 200 years the germ theory will have been displaced by a more 
sophisticated understanding of illness. We can't live 200 years in the future.)

Of course, it's the government's option whether to assert or to disregard such 
a disqualification.  There's nothing unlawful about appointing a person who 
doesn't believe in germs to be the head of NIH, any more than it's unlawful to 
appoint a person who doesn't believe in regulating Wall Street to be the head 
of the SEC, or unlawful to appoint a person who believes that “when the 
President does it, it's not against the law” to be the Attorney General.

Art Spitzer (speaking personally; I don't think the ACLU has expressed any view 
about the appointment of Dr. Collins)



___
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see 
http://lists.ucla.edu/cgi-bin

Francis Collins and Acceptable Criticisms

2009-08-06 Thread Anthony Decinque
Francis Collins has been selected to be the head of NIH, where he will have
substantial authority to allocate the nation’s scientific research funding.
There are a few criticisms of Mr. Collins being made regarding his religion.


For this list, I wanted to set aside a specific criticism.  Specifically,
let’s ignore criticisms based on Mr. Collins using his government position
to promote religion.  (For example, if Mr. Collins were to give a speech, as
head of the Human Genome Project, claiming that DNA is evidence for God.)

Instead, I wanted to get the list’s opinion on a different criticism.  This
criticism goes like this: (1) science is a product of another, deeper, more
important feature – skeptical thinking; (2) Mr. Collins does not practice
skeptical thinking; (3) in fact, Mr. Collins has made many statements
undermining and contradicting skeptical thinking.  Therefore, the criticism
goes, Mr. Collins should not be the head of NIH because he undermines what
science is all about.

To get a flavor of the criticism, you can read this
piecehttp://www.reasonproject.org/archive/item/the_strange_case_of_francis_collins2/by
Sam Harris.
It is an elaboration of a NY Times editorial Mr. Harris recently authored.  In
response, biologist Kenneth Miller wrote in the NY Times that Mr. Harris has
“deeply held prejudices against religion” and opposes Mr. Collins merely
because “he is a Christian.”

What does the list think?  Should it be acceptable for an employer to
discriminate against a job candidate on the grounds that the candidate
believes, practices, and advocates for ideas that are antithetical to the
values underlying the job?  (Again, assuming that the candidate would not
otherwise abuse the post and would generally do a fine administrative job.)



Thanks,

Anthony DeCinque
___
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see 
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw

Please note that messages sent to this large list cannot be viewed as private.  
Anyone can subscribe to the list and read messages that are posted; people can 
read the Web archives; and list members can (rightly or wrongly) forward the 
messages to others.

RE: Francis Collins and Acceptable Criticisms

2009-08-06 Thread Marc Stern
As a legal matter, the claim that someone's religious views are
disqualifying comes close to, if not actually constituting a prohibited
religious test for public office especially as the NIH to which Collins
was nominated is a federal institution subject to the tests clause
directly.However there are cases in which the federal courts ahve upheld
the discharge of political appointees who have made (hostile) religious
statements about homosexuality. 
Marc  Stern 


From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Anthony
Decinque
Sent: Thursday, August 06, 2009 4:48 PM
To: Law  Religion issues for Law Academics
Subject: Re: Francis Collins and Acceptable Criticisms


I think that begs the question, in a sense.  You say, If he has said
anything about science that is antithetical to sound science, that would
be a fair ground of criticism.  Mr. Collins states that he believes in
the virgin birth.  Is that antithetical to sound science?
 
I don't really want to get into a religious debate or comment on the
validity of Mr. Collins's specific beleifs.  I want to know when
someone's advocacy of ideas that are antithetical to a profession can be
used to disqualify that person (legally).  You can change the
hypothetical if you want.  A faith-healer that is applying to be Surgeon
General?
 
A


On Thu, Aug 6, 2009 at 4:41 PM, Douglas Laycock layco...@umich.edu
wrote:


The alleged ideas that are antithetical to the values
underlying the job are simply his religion.  Some consider his religion
antithetical; he does not.  It is not antithetical unless you accept
certain other assumptions about the relation between religion and
science -- assumptions that his critics adopt but that he rejects.

If he has said anything about science that is antithetical to
sound science, that would be a fair ground of criticism.  But if he is
sound when he talks about science, and the only evidence against him is
the inferences people draw when he talks about religion, that is simply
a religious disqualification.

 

 


Quoting Anthony Decinque anthony.decin...@gmail.com:

 Francis Collins has been selected to be the head of NIH, where
he will have
 substantial authority to allocate the nation?s scientific
research funding.
 There are a few criticisms of Mr. Collins being made regarding
his religion..


 For this list, I wanted to set aside a specific criticism.
Specifically,
 let?s ignore criticisms based on Mr. Collins using his
government position
 to promote religion.  (For example, if Mr. Collins were to
give a speech, as
 head of the Human Genome Project, claiming that DNA is
evidence for God.)

 Instead, I wanted to get the list?s opinion on a different
criticism.  This
 criticism goes like this: (1) science is a product of another,
deeper, more
 important feature ? skeptical thinking; (2) Mr. Collins does
not practice
 skeptical thinking; (3) in fact, Mr. Collins has made many
statements
 undermining and contradicting skeptical thinking.  Therefore,
the criticism
 goes, Mr. Collins should not be the head of NIH because he
undermines what
 science is all about.

 To get a flavor of the criticism, you can read this


piecehttp://www.reasonproject.org/archive/item/the_strange_case_of_fran
cis_collins2/by
http://www.reasonproject.org/archive/item/the_strange_case_of_francis_c
ollins2/%3Eby  

 Sam Harris.
 It is an elaboration of a NY Times editorial Mr. Harris
recently 
 authored.  In
 response, biologist Kenneth Miller wrote in the NY Times that
Mr. Harris has
 ?deeply held prejudices against religion? and opposes Mr.
Collins merely
 because ?he is a Christian.?

 What does the list think?  Should it be acceptable for an
employer to
 discriminate against a job candidate on the grounds that the
candidate
 believes, practices, and advocates for ideas that are
antithetical to the
 values underlying the job?  (Again, assuming that the
candidate would not
 otherwise abuse the post and would generally do a fine
administrative job.)



 Thanks,

 Anthony DeCinque





 

Douglas Laycock
Yale Kamisar Collegiate Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI  48109-1215
  734-647-9713


___
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw

Please note that messages sent

RE: Francis Collins and Acceptable Criticisms

2009-08-06 Thread Eric Rassbach

Isn't one of the lines to draw whether the idea is scientifically testable or 
not?   We can make scientific observations now about whether the world rests 
upon turtles, but we cannot observe the birth of Christ.

Also query whether the natural order we've been discussing isn't overly 
Newtonian in its assumptions.  Quantum mechanics allows us to calculate the 
non-zero probabilities, however infinitesimal, of events we might otherwise 
hold to be outside the standard rules of nature.

Finally, would it have been right for someone in the late 19th century to take 
pretty negative views of someone who didn't buy into an aether theory?  For the 
government to impose legal detriments on that person?




From: religionlaw-boun...@lists.ucla.edu 
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene
Sent: Thursday, August 06, 2009 5:54 PM
To: 'Law  Religion issues for Law Academics'
Subject: RE: Francis Collins and Acceptable Criticisms

I do think this raises a troublesome question for those of us who 
recognize the importance of religious toleration, and yet have to evaluate 
people's qualities for various purposes.  Say someone sincerely tells us that 
he thinks the world literally rests on the back of four elephants, which rest 
on the back of a turtle.  When told that this is inconsistent with various 
facts about the world, elephants, and turtles, he says that this is an artifact 
of some special treatment by divine forces, which allows evasion of the normal 
rules of the universe.  I take it that our first reaction would be to take a 
pretty negative view of the person.

And that the person believes this for religious reasons wouldn't displace our 
doubts, I think.  Even if we have reason to think that he's been a perfectly 
good geneticist, we might wonder whether he's the best person to promote to a 
rather different job that involves a broad range of choices about health 
science funding.  Maybe we have some sort of ethical or constitutional 
obligation to set aside our worries, and draw a sharp line between beliefs that 
a person says are outside the natural order and those that he says relate to 
the natural order.  But it seems to me that setting them aside at least runs 
against our first common-sense reactions, and might in fact not be sound.

From there we can shift the hypothetical.  What if the person 
believes the world is 6000 years old, and that people used to live nearly 1000 
years, and that all the contrary evidence is miracles produced by God to test 
our faith?  What if he doesn't take such a view, but believes that there have 
been several departures from the standard rules of nature in the past several 
thousand years, such as a virgin birth, a resurrection, and the like?

My sense is that we would indeed draw lines between these examples. 
 It is certainly significant to me that very many smart, thoughtful, and 
suitably scientific skeptical people are believing Christians, and that (I 
suspect) many fewer such smart, thoughtful, and skeptical people are 
Young-Earthers or people who literally accept certain Hindu creation myths.  
But it's not easy for me to figure out how to translate that sort of sensible 
distinction into a legal or constitutional rule, or even a broadly acceptable 
principle of political ethics.

Eugene

From: religionlaw-boun...@lists.ucla.edu 
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Anthony Decinque
Sent: Thursday, August 06, 2009 2:26 PM
To: Law  Religion issues for Law Academics
Subject: Re: Francis Collins and Acceptable Criticisms

To be clear, I did not make that characterization.  I was repeating Mr. 
Harris's argument.  (My view would be different.)

Again, I don't want to get into a religious argument (I don't think it's the 
point of this list) but Mr. Harris's argument was different:  Even if the 
virgin birth is outside the natural order, the question Mr. Harris pushes on is 
how does Mr. Collins know that X event happened?  In other words, since Mr. 
Collins is claiming that the natural order was suspended on a certain date at a 
certain place, he is the one who should have to provide evidence for that 
assertion.  I think that this the failure of skepticism Mr. Harris is 
referring to  I refer you to his piece for his arguments instead of my 
clumsy paraphrasing.


All that aside, I wanted to assume that his views [are] antithetical to the 
values underlying science, not just characterize them that way.  Assuming that 
they are, what result?  Is it discrimination to say that someone's religious 
views undercut values that are needed in a job?


I think the faith-healer hypothetical was more on target, but doesn't have the 
full flavor of the argument.  A faith-healer, I suppose, never accepts 
conventional medicine.  (Mr. Harris is arguing that) Mr. Collins is like a 
part-time faith healer.

The doctor-who-prays response is helpful.  What about a doctor who

RE: Francis Collins and Acceptable Criticisms

2009-08-06 Thread Will Linden

At 04:35 PM 8/6/09 -0700, you wrote:
explains his belief on the grounds that there's a probability, however 
infinitesimal, that he'll turn into a werewolf, would you be satisfied 
about his qualities?



Turn INTO a werewolf?

http://www.retaggr.com/SignatureProfile/wlinden ___
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see 
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw

Please note that messages sent to this large list cannot be viewed as private.  
Anyone can subscribe to the list and read messages that are posted; people can 
read the Web archives; and list members can (rightly or wrongly) forward the 
messages to others.