RE: German circumcision decision

2012-07-11 Thread Eric Rassbach
[religionlaw- > boun...@lists.ucla.edu<mailto:boun...@lists.ucla.edu>] On Behalf Of Volokh, > Eugene > [vol...@law.ucla.edu] > Sent: Wednesday, July 04, 2012 4:24 PM > To: Law & Religion issues for Law Academics > Subject: RE: German circumcision

More commentary on German circumcision decision

2012-07-11 Thread Eric Rassbach
New York Times symposium: http://www.nytimes.com/roomfordebate/2012/07/10/an-age-of-consent-for-circumcision Lord Sacks (Chief Rabbi of the UK): http://www.chiefrabbi.org/2012/07/06/the-jerusalem-post-the-europeans-skewed-view-of-circumcision/ ___ To p

RE: German circumcision decision

2012-07-06 Thread Volokh, Eugene
t;mailto:religionlaw-boun...@lists.ucla.edu> > [religionlaw- > boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene > [vol...@law.ucla.edu] > Sent: Wednesday, July 04, 2012 4:24 PM > To: Law & Religion issues for Law Academics > Subject: RE: German circumcision deci

Re: German circumcision decision

2012-07-05 Thread Marty Lederman
e to Paul Finkelman’s post – especially >>> give the longstanding tradition of allowing not just parental decisions >>> about surgery for children but also parental decisions about beating >>> children, a tradition that I do not think ought to be given much legal >>&g

Re: German circumcision decision

2012-07-05 Thread Ira Lupu
ich I think is intriguing and might be correct, is >> to have such decisions be made by legislatures directly, rather than by >> judges interpreting general human rights norms. I’d love to hear more >> thoughts on this institutional question. >> >> ** ** >> >&

Re: German circumcision decision

2012-07-05 Thread Vance R. Koven
think our system has adopted the mere > tolerance philosophy, and in fact adopted an entirely different philosophy > of rights during the Founding era. For evidence one need look only as far > as the Declaration of Independence. > > > > Eric > > > > > > > > _____

Re: German circumcision decision

2012-07-05 Thread Vance R. Koven
by > judges interpreting general human rights norms. I’d love to hear more > thoughts on this institutional question. > > ** ** > > Eugene > > ** ** > > *From:* religionlaw-boun...@lists.ucla.edu [mailto: > religionlaw-boun...@lists.ucla.edu] *On Beh

Re: German circumcision decision

2012-07-04 Thread Paul Finkelman
l.finkel...@albanylaw.edu www.paulfinkelman.com From: "Volokh, Eugene" To: Law & Religion issues for Law Academics Sent: Wednesday, July 4, 2012 4:24 PM Subject: RE: German circumcision decision     Sorry for the delay responding – I was traveling M

Re: German circumcision decision

2012-07-04 Thread Brian Landsberg
July 02, 2012 10:58 AM To: Law & Religion issues for Law Academics Subject: Re: German circumcision decision But isn't saying that you would accept the argument that refusing medical treatment because it might do more harm than good the same as saying the medical treatment might

Re: German circumcision decision

2012-07-04 Thread Marci Hamilton
; > Eric > > > > > From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] > On Behalf Of Volokh, Eugene [vol...@law.ucla.edu] > Sent: Wednesday, July 04, 2012 4:24 PM > To: Law & Religion issues for L

RE: German circumcision decision

2012-07-04 Thread Eric Rassbach
eclaration of Independence. Eric From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene [vol...@law.ucla.edu] Sent: Wednesday, July 04, 2012 4:24 PM To: Law & Religion issues for Law Academics Subject: RE: German circumcision decisi

RE: German circumcision decision

2012-07-04 Thread Volokh, Eugene
Monday, July 02, 2012 10:58 AM To: Law & Religion issues for Law Academics Subject: Re: German circumcision decision But isn't saying that you would accept the argument that refusing medical treatment because it might do more harm than good the same as saying the medical treatment might not

Re: German circumcision decision

2012-07-02 Thread Vance R. Koven
ious reasons (or other nonmedical reasons). > > ** ** > > Eugene > > ** ** > > *From:* religionlaw-boun...@lists.ucla.edu [mailto: > religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Vance R. Koven > *Sent:* Sunday, July 01, 2012 9:38 AM > &g

Re: German circumcision decision

2012-07-02 Thread Manfred Brocker
ished Professor of Law > Albany Law School > 80 New Scotland Avenue > Albany, NY 12208 > > > 518-445-3386 (p) > 518-445-3363 (f) > > > paul.finkel...@albanylaw.edu > > > www.paulfinkelman.com > > > ____ > From: Paul Finkel

Re: German circumcision decision

2012-07-01 Thread Marc Stern
U From: Finkelman, Paul [mailto:paul.finkel...@albanylaw.edu] Sent: Sunday, July 01, 2012 12:43 PM To: Law & Religion issues for Law Academics Subject: RE: German circumcision decision there is mixed evidence on circumcision. Some suggesting it helps prevent cervical cancer in fe

RE: German circumcision decision

2012-07-01 Thread Volokh, Eugene
o:religionlaw-boun...@lists.ucla.edu] On Behalf Of Vance R. Koven Sent: Sunday, July 01, 2012 9:38 AM To: Law & Religion issues for Law Academics Subject: Re: German circumcision decision Isn't there still a substantial body of medical opinion--perhaps not as prevalent as in decades past

RE: German circumcision decision

2012-07-01 Thread Volokh, Eugene
:21 AM To: Law & Religion issues for Law Academics Subject: Re: German circumcision decision Actually, I don't think Paul's comment is a "one-liner" -- the fact that this decision comes from Germany is surely the most striking and disconcerting -- and important -- thing about

Re: RE: German circumcision decision

2012-07-01 Thread wlinden2
  This just pushed one of my buttons. My parents apparently thought  "let them choose when they grow up" was a sensible way to deal with the issues of a "mixed marriage". (He was an insufferable "cultural" Jew, she a theologically illiterate Protestant.) What really happened on the planet Earth was

RE: German circumcision decision

2012-07-01 Thread Scarberry, Mark
ct: RE: German circumcision decision Any chance we could have some helpful analysis of the decision, rather than one-liners? The question of the degree to which parents should be able to permanently alter their children's bodies - for religious reasons or otherwise - is

RE: German circumcision decision

2012-07-01 Thread Eric Treene
nd circumspection by the State. Eric Treene (in my personal capacity, of course) From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Friedman, Howard M. Sent: Sunday, July 01, 2012 2:23 PM To: Law & Religion issues for Law Academics Subject

RE: German circumcision decision

2012-07-01 Thread Finkelman, Paul
From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] on behalf of Sanford Levinson [slevin...@law.utexas.edu] Sent: Sunday, July 01, 2012 1:06 PM To: 'paul.finkel...@yahoo.com'; 'religionlaw@lists.ucla.edu' Subject: Re: German circumcision decision I'm

Re: German circumcision decision

2012-07-01 Thread Sanford Levinson
__ From: religionlaw-boun...@lists.ucla.edu To: Paul Finkelman ; Law & Religion issues for Law Academics Sent: Sun Jul 01 11:30:02 2012 Subject: Re: German circumcision decision I posted this before I had a chance to read the decision, which I now see is about a Muslim case; that undermines

Re: German circumcision decision

2012-07-01 Thread Sanford Levinson
unite. Sandy From: religionlaw-boun...@lists.ucla.edu To: Law & Religion issues for Law Academics Sent: Sun Jul 01 11:21:28 2012 Subject: Re: German circumcision decision Are they also banning parents from piercing the ears of children? In many cultures it

Re: German circumcision decision

2012-07-01 Thread Vance R. Koven
Article 4 of the German constitution (go here: < https://www.btg-bestellservice.de/pdf/80201000.pdf>) protects not only freedom of conscience, but the equivalent of free exercise ("the undisturbed practice of religion"). The court dealt with this in fairly summary fashion: "The parents' fundamental

RE: German circumcision decision

2012-07-01 Thread Finkelman, Paul
n...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] on behalf of Alan Brownstein [aebrownst...@ucdavis.edu] Sent: Sunday, July 01, 2012 2:31 PM To: Law & Religion issues for Law Academics Subject: RE: German circumcision decision I agree with almost of all of Marty's thoughtful post --

RE: German circumcision decision

2012-07-01 Thread Alan Brownstein
I agree with almost of all of Marty's thoughtful post -- except that I do not see this as a difficult case. When an attempt was made to place this issue on the ballot in San Francisco, some people argued medical and health concerns (although as Marty and Paul point out, the evidence here is inde

RE: German circumcision decision

2012-07-01 Thread Friedman, Howard M.
AM To: Law & Religion issues for Law Academics Subject: RE: German circumcision decision Any chance we could have some helpful analysis of the decision, rather than one-liners? The question of the degree to which parents should be able to permanently alter their childr

RE: German circumcision decision

2012-07-01 Thread Finkelman, Paul
or Law Academics Subject: Re: German circumcision decision Isn't there still a substantial body of medical opinion--perhaps not as prevalent as in decades past--that recommends circumcision as a preventive health measure? If the issue is the lack of consent from the subject of the operation, t

Re: German circumcision decision

2012-07-01 Thread Vance R. Koven
(p) > 518-445-3363 (f) > > > paul.finkel...@albanylaw.edu > > > www.paulfinkelman.com > -- > *From:* "Volokh, Eugene" > > *To:* Law & Religion issues for Law Academics > > *Sent:* Sunday, July 1, 2012 11:56 AM > *Sub

Re: German circumcision decision

2012-07-01 Thread Paul Finkelman
From: Paul Finkelman To: Law & Religion issues for Law Academics Sent: Sunday, July 1, 2012 12:21 PM Subject: Re: German circumcision decision Are they also banning parents from piercing the ears of children? In many cultures it is common to see infant girls with pierced ears. 

Re: German circumcision decision

2012-07-01 Thread Marty Lederman
Actually, I don't think Paul's comment is a "one-liner" -- the fact that this decision comes from Germany is surely the most striking and disconcerting -- and important -- thing about it. As far as "analysis" is concerned, well, how could there be a "correct" answer? I think we can all agree that

Re: German circumcision decision

2012-07-01 Thread Paul Finkelman
uot;Volokh, Eugene" To: Law & Religion issues for Law Academics Sent: Sunday, July 1, 2012 11:56 AM Subject: RE: German circumcision decision     Any chance we could have some helpful analysis of the decision, rather than one-liners?  The question of the degree to whic

RE: German circumcision decision

2012-07-01 Thread Volokh, Eugene
Any chance we could have some helpful analysis of the decision, rather than one-liners? The question of the degree to which parents should be able to permanently alter their children's bodies - for religious reasons or otherwise - is not, it seems to me, one that has a completel

Re: German circumcision decision

2012-07-01 Thread Paul Finkelman
Scotland Avenue Albany, NY 12208 518-445-3386 (p) 518-445-3363 (f) paul.finkel...@albanylaw.edu www.paulfinkelman.com From: Eric Rassbach To: Law & Religion issues for Law Academics Sent: Sunday, July 1, 2012 11:09 AM Subject: German circumci

Re: German circumcision decision

2012-07-01 Thread Steven Jamar
100% correct. On Jul 1, 2012, at 11:09 AM, Eric Rassbach wrote: > > I'd be interested to know what the list thinks about the reasoning of the > recent decision by a state appeals court in Cologne holding that performing a > circumcision constituted the crime of bodily harm (similar to battery)

German circumcision decision

2012-07-01 Thread Eric Rassbach
I'd be interested to know what the list thinks about the reasoning of the recent decision by a state appeals court in Cologne holding that performing a circumcision constituted the crime of bodily harm (similar to battery). You can find a decent translation of the decision here: http://adam1co