Prof. Richard Dawkins was it again in yet another publication, arguing for the indefensible proposition, Atheism. As History has demonstrated, perhaps more than any other “ism”, including Communism, Nationalism Nihilism, Anarchism, Fascism and Nazism, Atheism is very likely the worst “ism” of them all, because Atheism lies at the heart of all of the other “isms”. And, making this ever worse is the fact that Prof. Dawkins is a respected Biology Professor, that he writes to undergraduates and graduate students, and that he should really know better.

Prof. Dawkins’ argument this time was framed and cloaked in scientific syllogism and enthymeme, to wit, that the scientific laws of physics and evolution (1) explain everything, and there (2) leave no room, according to Dawkins, for the actions of God, ergo, (3) God does not exist. A broad and sweeping argument, to be sure, but does it stand up under any sort of critical analysis?

We’ll examine the deeper logical argument of whether this is a proof of God’s non-existence in a moment, but first let’s examine whether this is a proof at all of anything.

I. ARE THERE SCIENTIFIC LAWS?

Initially, are there “laws” of physics or “laws” of evolution? Here, Dawkins has problems right off the bat. Modern scientific epistemology is sort of torn between two schools—the Thomas Kuhn school of paradigms and the Karl Popper-Carnap school of incremental advance of science. Dawkins seems to be resurrecting the Popper-Carnap school of epistemology—and yet right now, the Kuhnian school is ascendant.

What Kuhn basically says is that all scientific laws amount to is a reigning paradigm, and that science is a social process among scientists—meaning that scientific laws are not laws at all, but simply the best available paradigms which meet the approval of the current scientific community. This of course is a terrible oversimplication of Kuhn’s The Structure of Scientific Revolutions (1962) and subsequent editions, but let’s assume for the moment that you’ve read Kuhn, or been forced to read Kuhn. If you’re familiar with Kuhn, you would not make a statement such as was made by Dawkins about “scientific laws” proving that “God does not” and “cannot exist” because in Kuhn’s model of scientific induction and epistemology, men make scientific laws, and not particularly accurately all the time.

But let’s assume for a moment you’re a Popper-Carnap style epistemologist of science, and you believe in the intrinsic accuracy of the scientific laws. Even then, Popper and Carnap et al., accept Hume’s causality arguments and attacks on scientific “laws”, to wit, scientific law cannot explain “causation” but only a sort of probability tending towards a value between 0 and 1; or as Popper would put it, if I drop a ball five thousand times, it will fall to earth each time, tending to prove the “law” of gravity, but I still can’t be one hundred per cent certain that it will fall to earth the five thousand and first time, because of the causal arguments of Hume. All I have done is prove an increasingly likely probability of that causal association such that I might term it a scientific “law,” but what is termed a scientific “law” is really a correlation coefficient with a high degree of associative character, a high degree of probability, according to epistemologists like Popper and/or Carnap.

Likewise, if I have risen from bead a thousand times and seen the sun rise, that is tending to a probability of one that the sun is at the center of the solar system, but does not guarantee that I will rise to see the sun on the thousand and first day, because there is still not a causal relation, only an associative one. This is readily conceded by even the most formal of scientific epistemologists like Popper and/or Carnap.

Consequently, Dawkin’s notion of scientific “laws” fails because of the underlying failure of scientific epistemology. And yet Dawkins breezes over both the Kuhnian problem of paradigms and the Humeian problem of causation in violently asserting the overarching and complete validity of scientific laws, in spite of the fact that nearly all philosophers and historians of science and all scientists themselves are nearly unanimous in believing that there are no such things as immutable “laws” of science.

The fact is, just as there was no reality in the Matrix, there is nothing valid or solid about scientific laws. Scientific “laws,” including the vaunted “laws” of physics and “laws” of evolution asserted by Dawkins, are subject to constant and considerable subtle (and sometimes not so subtle) revision by scientists, and subject to paradigm change every 25-30 years or so as Kuhn describes. The late Stephen Jay Gould advocated a theory of not-so-incremental not-so-Darwinian evolution, which would have represented a major paradigm shift in the so-called “laws” of evolution, and increasingly, many empirical findings dispute the original theories and paradigms advanced by Darwin, who was, after all, just a good 19th century naturalist, albeit a brilliant one.

In many respects it is Galton, the statististician and cousin of Darwin, who has proven to be the better scientist in certain respects, of our time, since it was he who coined the phrase “regression,” a phrase without which social science itself would hardly exist today. Nor should we forget Mendel, whose observations were the foundations of modern genetics. It is not Darwin only who was the founder of modern molecular biology; there were many founders, and while Darwin might have been necessary, he was not sufficient.

Moreover, all scientific laws are subject to incremental change in light of empirical data, and all scientific laws are not really laws at all in light of the causal issues raised by the Humeian critique.

So are there laws of physics and of evolution which leave “no room for God?” Of course there aren’t. Just to take one example, the Darwinian paradigm of evolution was that evolution was gradualist. Darwin rejected sudden changes, and also rejected Lamarckianism. But both of these paradigms are and have been in the process of being assailed and replaced in the face of modern scientific evidence and new theory making by new groups of scientists. First, sudden catastrophic evolutionary change has gained a great deal of currency, c.f. Stephen Jay Gould, supra. The theory of sudden events such as asteroids plunging to earth and causing mass extinctions, and the notion that there have been five mass extinctions in earth’s evolutionary history, has gained real traction among scientists. And even more recently, changes in somatic dna and living animals have been re-evaluated in light of better understanding of molecular biology, prompting a re-evaluation of the paradigm on Lamarckian evolution.

As for the “laws” of physics, string theory is still controversial, no one has yet attained fusion in any controlled conditions dozens and dozens of years after it was predicted to be able to be done, scientists don’t know if the earth is warming or cooling, and if it is warming, whether humans or climate change cycles are to blame, there is still controversy over what the fundamental particles are, civilian use of nuclear power has run up against a stone wall in the united states (putting most physicists out of work), and nuclear proliferation has become a worldwide problem, perhaps proving that physics is yet to be the messenger of Armageddon and the doom of the planet through worldwide thermonuclear war.

So basically, the claims asserted by Dawkins about the laws of physics and the laws of evolution are wrong, wrong as to scope, wrong as to paradigm, and wrong even as to the claim that there are laws qua laws.

II. SCIENTIFIC LAWS AREN’T LAWS, AND EVEN IF THEY ARE, THEY DON’T EXPLAIN EVERYTHING

Secondly, do Dawkins assertions about the laws of physics and the laws of nature, e.g. that they “explain everything” and “leave no room for God”, carry any weight?

The obvious answer is, in light of this line of reasoning, a clear no. First, it’s obvious that the laws of physics and the laws of nature, in their current states, don’t explain “everything,” or anything close to “everything.” What they currently do is what all scientific laws do—they explain what’s obvious and well-settled, which is about the 20% of science you find in undergraduate textbooks—and the more advanced stuff is continuously debated among grad students, professors and advanced institute people at science conferences on a constant basis, over the internet, in academic journals, etc. as the scientific process is an ongoing continuous process.

A scientist who is arrogant and believes he already knows all the answers is no scientist at all. Such a man could not be a scientist, because a true scientist never believes the scientific laws are settled, never believes that all the scientific questions are answered, or that all the scientific issues have been explained.

Were that all true, as Prof. Dawkins erroneously suggests, then there would be no need to continue to experiment or for NIH or any other world or international scientific group to continue with biology or physics experiements. If we already know everything, why bother with seeking new knowledge?

The answer, the obvious answer is, we DON’T know everything, and we need to know a great deal more. We actually know very little. What little we do know we know pretty well, maybe with a probability of .80 or so, maybe .90, but as the Heisenberg uncertainty principle, the Pauli exclusion principle, molecular orbital bonding theory, the Church-Turing thesis and Godel’s theorem famously remind us, there are also things we can’t know within the framework of science and that we have to take on scientific faith.

Just to take an example from freshman chemistry—the notion of an electron cloud, electron shell, electron atomic orbital or electron molecular orbital. A “smear” of electron energy. The notion of electron “tunneling”. We really don’t know where the electron is, we can only guess where it is. Quantum mechanics, wave version and matrix version. Elegant mathematics, but still, electron electron, where is the electron?

For all that we know, we don’t know where the electron is, or where the electrons are, except that we know what region they’re in within a 99% region of probability. Or so approximately. That’s a far cry from a scientific “law” of physics. If Dirac and Heisenberg and Born and all their famous brethren were here, right now, none of them would claim that quantum mechanics or even quantum electrodynamics were scientific “laws” of a certainty sufficient to exclude the existence of God.

To the contrary, these theories were advanced modestly and no grand claims were made for them, as anyone reading the original papers (they’re available in historical reprints and online) would know. The authors were humble and careful in their work. This applies to almost all of the so-called “new physics” of the 20th century, going back to the original great three papers of Einstein of 1905.

III. NONE OF DAWKINS ARGUMENTS ARE A PROOF THAT GOD DOES NOT EXIST – LOGICAL FALLACIES IN DAWKINS ARGUMENT

So to return to the initial question of this essay, is Prof. Dawkins argument a proof of the non-existence of God?

The answer is clearly no, because Dawkins is committing the logical fallacies of either Denying the Antecedent and/or Denying the Consequent. His arguments consist of an he implied syllogism and an enthymeme as follows;

(1) The scientific laws explain everything in physics & evolution.
(2) Since everything in physics and evolution is explained by sciene, God explains nothing in physics and evolution
(3) Since God explains nothing in physics & evolution, God does not exist.

It should be relatively clear, once we reduce Prof. Dawkins’ argument to atomistic syllogism/enthymeme, that it is clearly flawed, and commits logical fallacy, but let’s examine the logical fallacies further.

Imagine if the argument was stated this way:

(1) Physics & Evolution are remarkable.
(2) Physics & Evolution are unexplainable.
(3) If there is a God, God can explain the unexplainable.
(4) God can explain Physics and Evolution.
(5) Therefore there is a God.

I believe this accurately fills in the blanks of the “straw man” enthymeme that Dawkins is attempting to set up.

Now let’s take some converses and contrapositives. Let’s say Physics and Evolution ARE explainable, as Dawkins claims.

Dawkins argument there is as follows;

(1) Physics & Evolution are remarkable
(2) Physics & Evolution are fully explainable by the Laws of Physics and the Laws of Evolution.
(3) If there is a God, God can explain the unexplainable.
(4) God cannot explain Physics and Evolution.
(5) God cannot explain one or more instances of the unexplainable.
(6) Therefore there is no God.

We should immediately recognize the logical fallacy of denying the antecedent/denying the consequent here. The converse/contrapositive of changing physics and evolution to negations and God explaining same to not explaining same does not negate god’s ability to explain the unexplainable, or God’s UNIVERSAL existence.

There are several flaws in the logic here.

First is the instantiative assertoric error committed by Dawkins. To the extent that he states that “God exists” or “God Does not Exist,” he concedes, at least in some schools of thought, the existence of God qua God, via the assertoric and instantiative schools of philosophic thought. These basically assert if I state “a unicorn is blue” that unicorns must exist, somewhere in some potential universe, because I have conceived of unicorns in my mind and named them, e.g. given them a class appellation and attributes.

While there is controversy as to assertoric and non-assertoric logics, the fact remains that Dawkins was not careful to set forth whether his argument was one or the other, consequently, the old medieval Aristotelian argument that God exists because he named God, conceived of God and gave God attributes in his argument, means that he cannot turn around and then argue that God does not exist, because by stating or implying God’s existence, he concedes the fact of God’s existence by instantiative and assertoric principles.

In making this argument, it is important to distinguish between the statements “God is God,” “God exists” and “God has attributes.” Note the first is ontological, the second ontological-metaphysical, and the third is lexical and goes to class definitions. But in all three cases, Dawkins falls into logical error, because by merely naming God, he implies that God is God, God exists, and that God has attributes. Dawkins falls into the trap of assertoric discourse, because somewhere, in some religion, in some world, in some universe, there is a God, because he has conceived of one and named him, and given him attributes, and attempted to negate him universally, which cannot be done by definition. Moreover, God may even control physics and biology in those other worlds or universes or existences, since Dawkins’ arguments don’t address those worlds, universes or possible existences.

Second, Dawkins’s conclusion of a universal negation of God’s existence, is proceeding illogically and fallaciously, from an antecedent of God’s inability to explain some unexplainable particular events, when all that is claimed for God is God’s particular ability to explain some unexplainable particular events. The fact that God cannot explain a subset of “some unexplainable particular events” such as the laws of physics and the laws of evolution, in this world, in this universe, in Dawkin’s religion, does not result in the negation of the proposition that God can still explain some other unexplainable particular events in any or all religions in any or all worlds, etc. One cannot refute and effect negation of a “some x is y” statement by a “some x is not z” statement.

This would be clearer using first order predicate logic and the universal and particular quantifiers—I’ll get to that in a second—but let’s stick to Aristotelian logic for the moment.

Let’s see why dawkins is wrong:

(1) Physics & Evolution are remarkable
(2) Physics & Evolution are fully explainable by the Laws of Physics and the Laws of Evolution.
(3) If there is a God, God can explain the unexplainable.
(4) God can explain the unexplainable for some things in any and all possible religions in any and all possible worlds in any and all possible universes and in any and all possible realities.
(5) God transcends and is outside the explanation of, the laws of Physics, Evolution and Science.
(6) God cannot explain Physics and Evolution in this world in this universe and in this reality.
(7) God can explain the unexplainable for some things in any and all possible religions in any and all possible worlds in any and all possible universes and in any and all possible realities, except for and other than, Physics and Evolution in this world and in this reality and in Dawkins’ religion.
(8) Dawkins claims there is therefore not a God.
(9) However, Logic says there still is a God, since there are still events etc. that God still can explain other than physics and evolution in this world, etc.
(10) Dawkins argument does not invalidate the universal particular “God can explain the unexplainable” etc.set forth in argument (4) because it does not negate it for all instances of substitution value for “God can explain the unexplainable, etc.” set forth in argument (4) and thus commits the dual fallacies of denying the antecedent/denying the consequent as well as committing a logical fallacy of erroneous invalidation of a universal particular in first order predicate logic.

Notice what’s changed here, and feel free to draw your own Venn Diagram.

Argument 3 states that God can explain some unexplainables for all possible things for all possible religions for all possible worlds in all possible universes and in all possible realities.

Whereas Arguments 6 and 7 are particular existential instantiators—they quantify only as to God’s ability to explain physics and evolution. Negating them only negates some of the class of unexplainables which God can explain. It’s a subset of what God explains, not all of what God explains. Consequently, negation of them is not invalidity of God, God’s existence, God is God, or God’s attributes.

Here it is held that God can still explain some other unexplainable for all possible things, in all possible religions, in all possible worlds, in all possible universes, in all possible realities. Dawkins’ negation argument is fatally flawed, because in order to invalidate a particular universal, you have to show it’s false for ALL substitution instances of the particular universal. Dawkins fails to do this, and consequently his argument is a fatal instance of logical fallacy of denying the antecedent/denying the consequent, one of the oldest and best known logical fallacies.

Third, and note this, carefully, the thrust of this essay, is that Dawkins has actually failed to prove propositions (2), (6) and (7). So really, he’s failed to prove his premises as well, and if the premises fail, the syllogism also fails because if the premises are false, so are the conclusions.

So to summarize;

1) God exists on instantiative, assertoric grounds;
2) God exists because Dawkins fails to prove God’s existential invalidity and commits logical fallacies of denying the antecedent/denying the consequent; and
3) God exists because Dawkins fails to prove the truth of the premises of his argument and therefore the conclusions fail.

IV. FURTHER LOGICAL FALLACIES IN DAWKINS ARGUMENT

Of course, it would be a miracle if atheists like Dawkins were to make a logical argument in favor of their conclusions. People like Dawkins like to get to the conclusion first, and then make strained and illogical arguments full of logical and illogical fallacies in order to get to their ridiculous conclusions. That’s why their arguments seem so silly and so contrived.

In addition to all the foregoing, Dawkins commits the fallacy of the appeal to authority—he claims that because science—physics and biology in this case, and in particular the laws of physics and biology—are so accurate and their scientists so wonderfully supreme—that we should give up going to church and instead worship physicists and biologists.

Of course, this argument, when put in this form, is utterly ridiculous. Let’s atomize it;

1) Currently, you worship God.
2) God has great authority.
3) The Laws of Physics and the Laws of Evolution have Great Authority, as do the Physicists and Biologists.
4) The Physicists and Biologists are always right, and God is Always Wrong, when it comes to Physics and Biology.
5) Physicists and Biologists are Therefore Great Men.
6) Therefore, on Fridays, Saturdays and Sundays, you should Stop Worshipping God, and God’s Laws, and instead Worship Physicists and Biologists, and the Laws of Physics and Biology Instead.

Now when atomized in this fashion, you can see what a silly, foolish, ridiculous appeal to authority Dawkins’ argument really is.

In fact, it’s really no different than Alexander the Great or Julius Caesar or Caesar Augustus Octavian claiming that they were not merely men, but Gods walking the earth, and therefore men should worship them, because they were great, and they were always right about everything they did, because they had conquered the known world.

It’s precisely the same syllogism/enthymeme. Dawkins’ argument for worshipping science over God is the same argument that oriental kings have used for centuries for their divinity. It’s called the “appeal to authority.”

It goes something like this: “I’m in charge, I’m always right, therefore, worship me.” Notably, the early Christians rejected this argument wholesale and never, ever bowed down to either oriental or Roman monarchs, until the Roman Emperor became a Christian himself, and prostrated himself before God and Jesus every Sunday with the conversion of St. Constantine and his victory with the cross—“in this sign I shall conquer” (“nika”).

I seriously doubt that any clear thinking individual, including a scientist, wants to stop going to religious services and start bowing down to another scientist in lieu of God.

Maybe Dawkins wanted to be an oriental king in a former life.

VI. BELIEF IN GOD IS A MATTER OF FAITH, NOT LOGIC

Perhaps a couple of more points are in order.

First, faith in God is not a matter of rational or logical argument. Kantians and neo-Kantians, and many moral philosophers, have been influenced to a large degree by Protestantism, and especially the brand of Pietism which Kant himself espoused, all of which emphasize a close personal relationship between God and Man, unmediated by the Church or the clergy. This has led to the mistaken modern view that morality and even religion must be justified, somehow, by logical, rational or reasonable grounds.

This inference, which is highly Kantian (or neo-Kantian), only makes sense if you aren’t Catholic or Eastern Roman Orthodox; however, one billion people are Catholic and another 500 million are Eastern Orthodox, and all of those Christians believe in God because the Church tells them to, and salvation is through the Church and its sacraments, not through God or any personal relationship to God. God doesn’t talk to people in the Catholic or Orthodox churches, unless you happen to have been a saint or a prophet. And reasoning about God’s existence is entirely and totally unnecessary if you are Catholic or Orthodox, because God of course exists—why else would there be St. Sophia, the Eastern Roman Empire until 1453, or the Pope, or the Patriarch, or Constantinople, or the Crusades, or the Catholic Church, or the Seven Sacraments, or Communion, or Transubstantiation?

Likewise, if you are Muslim, Hindu, Buddhist, Confucian, etc., you don’t need to think too much about whether there is a God either—it’s pretty much implicit with the territory. It’s a peculiarity of Protestant thought that we sit around thinking whether there is a God or not. Frankly, I have better things to do in Church on a Sunday morning than to think about whether God, Jesus and the Holy Spirit exist or not. Like remembering where I parked my car, or when the next church festival is.

Especially apt is that every year we have religious holidays, like Yom Kippur, Christmas, Easter, the Jewish New Year, Passover, that everyone respects with dignity and honor.

Those who are atheists shower disrespect and dishonor on those who would worship freely.

The founders of the USA put freedom of worship in the first amendment. They were silent as to freedom not to believe in god, and they never intended for atheism or lack of religion to be protected by the constitution, notwithstanding any court decisions of any kind to the contrary. theories of hla hart and decisions of church and state to the contrary, faith is a big element of socializing our youth to right and wrong, and i join those who call for a return of prayer to schools, and those who want faith-based programs for our troubled youth. crime rates are very high and a little prayer and a little church or services have been shown to be the only thing that can help troubled youth, as Prof. DiIulio has shown many times over.

Point being, belief is a matter of faith, God a big mystery, and really none of it has much to do with science at all. On top of which, the vast majority of people believe in God and go to church, and the vast majority of scientists, including famous scientists like Einstein, Newton, Pascal, to name but a few, believed in God and attended services. Even Galileo in the end was more worried about his mortal soul than his scientific theories, and ended up recanting before the church. It’s a modern conceit to see him as some kind of champion against the church. Galileo was a perfectly good catholic.

VII. ATHEISM WAS THE WORST ‘ISM’ OF ALL TIME

Finally, atheism has the most destructive of social movements in the 18th, 19th and 20th centuries. First advocated by the French proletariat during the French Revolution, it resulted initially in the French Terror and the killing of innocent tens of thousands and endless rivers of blood by means of the guillotine in the 1790s by the Directory, as famously described by Sir Edmund Burke in his Reflections on the Revolution in France. The French Aristocracy was either killed or sent into hiding, and tens of thousands of intellectuals were needlessly and thoughtlessly butchered. Churches and clergy were shuttered and church properties seized.

But worse was yet to come under Napoleon. Even though one has to admire Napoleon as a military figure, Napoleon’s policies regarding the churches set in motion a series of consequences which were to have long-lasting and far-reaching effects. First were the hundreds of thousands if not millions who died in the Napoleonic Wars, the first true “World Wars” if you will. Second, Napoleon effectively dis-established the French Catholic Church and clergy; destroyed the Spanish Inquisition and seized the best lands of the Spanish Catholic Church, rendering that church impotent; hurt the Catholic Church badly all over Europe; and incited Nationalism of a secular character all over Europe, particularly in Italy, Germany and the Balkans.

Napoleon destroyed the settled character of the Catholic Church in Spain, France, Italy and many smaller countries, and left those countries in permanent political and social turmoil as a consequent result, turmoil that has persisted to the present day. France has been through five or six governmental and constitutional changes since the Revolution and lost her colonies and three different wars including the two world wars; Spain has been through a civil war and many political instabilities; Italy despite the Risorgimento remains a politically fractured country, albeit an economically sound one; and many smaller catholic countries remain marginal in the European sphere.

The orbit of the Austro-Hungarian Empire and the Balkan States have been particularly unstable, leading to World War One due to Bosnian nationalism, and fractures between orthodox and catholic partisans in Croatia/Serbia and Ukraine/Russia during World War II which the Nazis exploited, along with fractures between catholics and jews with the Nazis exploited during World War II in Poland and other lands.

Atheism and nationalism were at the root of these difficulties; had the pre-1800 regime stayed in place, unaffected by the atheistic, nationalistic whirlwind of Napoleon, it is doubtful that a Bismarck or a Hitler, a Lenin or a Stalin, could ever have risen up from the ashes. Atheism was the spawning ground of dictators and communism, and of modern world war and of modern genocides.

In some places, nationalism was a good thing, such as the Lower Balkans, where Greece and Serbia and Bulgaria liberated themselves from the Ottoman Turk, but in Germany, secular atheistic nationalism eventually resulted in German military imperialism and the rise of the German military state, and, eventually, Adolf Hitler, who was himself quite the atheist at heart.

Atheism and disestablishment of religion weakened the German and Austrian churches and paved the way for the destruction of the Austro-Hungarian Empire and the onset of World War I, and the Russian Revolution. The so-called secular states of Turkey and Iran, which for many years engaged in brutal internal repressions of their own peoples as well as ethnic progroms, were also based in part on the atheism and nationalism of the Napoleonic era and Russian Communistic era.

As we now know, the Iranian secular regime was swept under by a religious theocratic muslim regime in 1979, which has influenced many other Middle Eastern regimes in the same direction since then, and the Turkish regime is under heavy internal pressure to do the same, become expressly religious, muslim and theocratic again. But these are false theocracies manned by leaders trained for centuries in secular, atheistic violence and bloodshed, and not true religious leaders at all.

Soviet Communism was based on atheism, and hundreds of millions died under this regime, as documented by Solzhenitzyn in his Gulag Archipelago works. In 1937 & 1938 alone 500,000 priests were killed for the crime of being Russian orthodox priests.

More modernly, Chinse Communist atheism has resulted in the destruction of Tibet and Tibetan Buddhist shrines in the takeover and occupation of a sovereign nation since 1958, and the destruction of a religious nation and its thousand year old religious shrines, and the exodus of its highly respected religious leader, the Dalai Lama. The atheist Communist Chinese show no respect whatsoever for religion. They destroy religious relics in their own state as well, have destroyed the thousands’ year old cult of Confucianism in their own country, and do not tolerate the many catholics, Nestorians and other Christians and protestants attempting to worship God in their midst. Tens if not hundreds of millions have died in China, Tibet and other occupied regions over the issue of religion.

In short, Atheism has been responsible for the deaths of nearly a billion people on this planet since it was first officially sanctioned by the French Revolution in early 1789. It is a hideous doctrine and once in place, one responsible for moral indifference to the point of recklessness to human death and suffering.

VIII RELIGION AND FAITH EXPLAIN TO US WHAT IS RIGHT FROM WHAT IS WRONG MORE CLEARLY THAN LAWS ETHICS OR MORAL PHILOSOPHIES; ATHEISM RESULTS IN THE LOSS OF MORALITY AND AMORAL AND IMMORAL CONDUCT ON A VAST SCALE

One may wonder, why is Atheism responsible for the loss of morality, amorality and immoral conduct on such a vast scale as this? The reasons are fairly simple.

The moral philosopher or neo-Kantian may think it an easy matter to prove why the Holcaust or why a genocide or why the killing of an entire Church and its clergy is morally wrong and indefensible. Perhaps a lawyer may say it is a violation of international law. All of these words are nice words—but they are mere words.

And aren’t there always debates about this? Don’t the French deny killing anyone? And don’t the Turks deny an Armenian Holocaust? And the Germans admit a Holocaust, but never seem to do enough? And the Russians never seem to admit all their wrongs? And the Chinese say they’ve done nothing wrong in Tibet?

Morality and seeing right from wrong, it seems to me, cannot be a matter for moral philosophy, ethics boards or international legal commissions.

What is needed, in the end, are religious views to determine right from wrong. We know in our hearts what is right from wrong because we have a religious sense of things. No one is going to sit and read Kant’s Critique of Pure Reason and achieve some transcendental state of pure moral reasoning in the internet age; but it’s easy enough to go to mass or services and hear a sermon and let a priest or deacon explain with a story from the bible why this or that thing is wrong.

It would be my contention that without religion, without the Church and the Bible as frames of reference, we would not know, and I mean really know, that the Holocaust, Genocide, Extermination of entire churches and peoples and religions, are wrong and crimes against God and not merely crimes against humanity or laws.

The German people as a people made Nazism and state-sponsored atheism their religion for more than a dozen years, and consequently, amorality, immorality, and finally mass killing and genocide, seemed acceptable to them, first by degrees and eventually on a grand scale.

But this was not unprecedented. The same thing had happened before—in Revolutionary France—in Communist Russia—in Secular Turkey—anywhere that traditional religion was swept aside, a wave of butchery, savagery and killing swept the land, and the people forgot their first and foremost rule, thou shalt not kill.

The atheist has no moral compass. The atheist doesn’t believe in the ten commandments. The atheist kills one or many and feels the same about both. That is the bottom line. Atheism results inevitably in moral chaos and an utter loss of morality, leading to evil on a grand scale. All of the great killing sprees of modern history have been effected by godless states—atheistic states if you will.

Atheism is the worst ism of them all, because atheism is at the heart of communism, Nazism, socialism, fascism, all the other isms.

Religion tells us in Black and White, without shading, that these killings, these acts, these things are wrong.

Only the Atheist is capable of moral relativism in these matters.

Only the Atheist makes sophistical refutation of claims that he is a mass murderer.

IX. WHAT DOES THE BIBLE AND WHAT DOES GOD SAY ABOUT ALL THIS?

Compare these claims of moral relativism and legal defenses of state-sanctioned mass murder in atheistic states to what the Bible says;

Deuteronomy 53

1. And Moses called unto all Israel, and said unto them, Hear, O Israel, the statutes and the ordinances which I speak in your ears this day, that ye may learn them, and observe to do them.
2. Jehovah our God made a covenant with us in Horeb.
3. Jehovah made not this covenant with our fathers, but with us, even us, who are all of us here alive this day.
4. Jehovah spake with you face to face in the mount out of the midst of the fire,
5. (I stood between Jehovah and you at that time, to show you the word of Jehovah: for ye were afraid because of the fire, and went not up into the mount;) saying,
6. I am Jehovah thy God, who brought thee out of the land of Egypt, out of the house of bondage.
7. Thou shalt have no other gods before me.
8. Thou shalt not make unto thee a graven image, nor any likeness of anything that is in heaven above, or that is in the earth beneath, or that is in the water under the earth:
9. thou shalt not bow down thyself unto them, nor serve them; for I, Jehovah, thy God, am a jealous God, visiting the iniquity of the fathers upon the children, and upon the third and upon the fourth generation of them that hate me;
10. and showing lovingkindness unto thousands of them that love me and keep my commandments.
11. Thou shalt not take the name of Jehovah thy God in vain: for Jehovah will not hold him guiltless that taketh his name in vain.
12. Observe the sabbath day, to keep it holy, as Jehovah thy God commanded thee.
13. Six days shalt thou labor, and do all thy work;
14. but the seventh day is a sabbath unto Jehovah thy God: in it thou shalt not do any work, thou, nor thy son, nor thy daughter, nor thy man-servant, nor thy maid-servant, nor thine ox, nor thine ass, nor any of thy cattle, nor thy stranger that is within thy gates; that thy man-servant and thy maid-servant may rest as well as thou.
15. And thou shalt remember that thou wast a servant in the land of Egypt, and Jehovah thy God brought thee out thence by a mighty hand and by an outstretched arm: therefore Jehovah thy God commanded thee to keep the sabbath day.
16. Honor thy father and thy mother, as Jehovah thy God commanded thee; that thy days may be long, and that it may go well with thee, in the land which Jehovah thy God giveth thee.
17. Thou shalt not kill.
18. Neither shalt thou commit adultery.
19. Neither shalt thou steal.
20. Neither shalt thou bear false witness against thy neighbor.
21. Neither shalt thou covet thy neighbor’s wife; neither shalt thou desire thy neighbor’s house, his field, or his man-servant, or his maid-servant, his ox, or his ass, or anything that is thy neighbor’s.
22. These words Jehovah spake unto all your assembly in the mount out of the midst of the fire, of the cloud, and of the thick darkness, with a great voice: and he added no more. And he wrote them upon two tables of stone, and gave them unto me.
23. And it came to pass, when ye heard the voice out of the midst of the darkness, while the mountain was burning with fire, that ye came near unto me, even all the heads of your tribes, and your elders;
24. and ye said, Behold, Jehovah our God hath showed us his glory and his greatness, and we have heard his voice out of the midst of the fire: we have seen this day that God doth speak with man, and he liveth.
25. Now therefore why should we die? for this great fire will consume us: if we hear the voice of Jehovah our God any more, then we shall die.
26. For who is there of all flesh, that hath heard the voice of the living God speaking out of the midst of the fire, as we have, and lived?
27. Go thou near, and hear all that Jehovah our God shall say: and speak thou unto us all that Jehovah our God shall speak unto thee; and we will hear it, and do it.
28. And Jehovah heard the voice of your words, when ye spake unto me; and Jehovah said unto me, I have heard the voice of the words of this people, which they have spoken unto thee: they have well said all that they have spoken.
29. Oh that there were such a heart in them, that they would fear me, and keep all my commandments always, that it might be well with them, and with their children for ever!
30. Go say to them, Return ye to your tents.
31. But as for thee, stand thou here by me, and I will speak unto thee all the commandment, and the statutes, and the ordinances, which thou shalt teach them, that they may do them in the land which I give them to possess it.
32. Ye shall observe to do therefore as Jehovah your God hath commanded you: ye shall not turn aside to the right hand or to the left.
33. Ye shall walk in all the way which Jehovah your God hath commanded you, that ye may live, and that it may be well with you, and that ye may prolong your days in the land which ye shall possess.

Note that the existence of God is proven beyond all doubt by the express words of Deuteronomy. This passage was dramatized several times in movies, most notably with Charlton Heston playing Moses in the 1950s Cecil B DeMille version of the Ten Commandments.

I’m inclined on faith to believe in it, and certainly more likely to believe in Deuteronomy and the Ten Commandments, and the word of the Lord God and Moses, than in anything Richard Dawkins writes down or brings down from his burning bush or his mountaintop.

Compare this to what Isaiah says in the Bible:

ISAIAH 2:4. And he will judge between the nations, and will decide concerning many peoples; and they shall beat their swords into plowshares, and their spears into pruning-hooks; nation shall not lift up sword against nation, neither shall they learn war any more.

Compare this to Matthew 5:21-22:

Ye have heard that it was said to them of old time, Thou shalt not kill; and whosoever shall kill shall be in danger of the judgment:
22. but I say unto you, that every one who is angry with his brother shall be in danger of the judgment;

Compare this to what St. Paul says in the Bible:

Romans 6

1. What shall we say then? Shall we continue in sin, that grace may abound?
2. God forbid. We who died to sin, how shall we any longer live therein?
3. Or are ye ignorant that all we who were baptized into Christ Jesus were baptized into his death?
4. We were buried therefore with him through baptism unto death: that like as Christ was raised from the dead through the glory of the Father, so we also might walk in newness of life.
5. For if we have become united with him in the likeness of his death, we shall be also in the likeness of his resurrection;
6. knowing this, that our old man was crucified with him, that the body of sin might be done away, that so we should no longer be in bondage to sin;
7. for he that hath died is justified from sin.
8. But if we died with Christ, we believe that we shall also live with him;
9. knowing that Christ being raised from the dead dieth no more; death no more hath dominion over him.
10. For the death that he died, he died unto sin once: but the life that he liveth, he liveth unto God.
11. Even so reckon ye also yourselves to be dead unto sin, but alive unto God in Christ Jesus.
12. Let not sin therefore reign in your mortal body, that ye should obey the lusts thereof:
13. neither present your members unto sin as instruments of unrighteousness; but present yourselves unto God, as alive from the dead, and your members as instruments of righteousness unto God.
14. For sin shall not have dominion over you: for ye are not under law, but under grace.
15. What then? shall we sin, because we are not under law, but under grace? God forbid.
16. Know ye not, that to whom ye present yourselves as servants unto obedience, his servants ye are whom ye obey; whether of sin unto death, or of obedience unto righteouness?
17. But thanks be to God, that, whereas ye were servants of sin, ye became obedient from the heart to that form of teaching whereunto ye were delivered;
18. and being made free from sin, ye became servants of righteousness.
19. I speak after the manner of men because of the infirmity of your flesh: for as ye presented your members as servants to uncleanness and to iniquity unto iniquity, even so now present your members as servants to righteousness unto sanctification.
20. For when ye were servants of sin, ye were free in regard of righteousness.
21. What fruit then had ye at that time in the things whereof ye are now ashamed? for the end of those things is death.
22. But now being made free from sin and become servants to God, ye have your fruit unto sanctification, and the end eternal life.
23. For the wages of sin is death; but the free gift of God is eternal life in Christ Jesus our Lord.

Amen.

–art kyriazis philly
home of the world champion Philadelphia Phillies
Monday 9/28/09

The Christian East

August 4, 2009

The Pope recently took a tour of the Middle East. He might have stopped at Jerusalem and some other holy cities as well. He made a number of speeches about Christians and Muslims and Jews getting along, and then got on his way.

This was all dutifully covered by the news organizations.

Forgotten by all but scholars and bookworms, is the fact that for the most part, Christians in the Middle East and Near East are anything but Catholics. The Assyrian Church or Church of the Near East, which up through the 15th Century used to command millions of followers, continues to have followers in Iran and Iraq; the Coptic Orthodox Church is the dominant Christian Church in Egypt, and its followers are the original Eqyptians, the ones who built the pyramids (the muslim Egyptians are Arabs and Mamluks; Coptic is a version of spoken hieratic ancient Egyptian); the Lebanese are pretty evenly split between the Orthodox (eastern church) and the Maronites (western church); the Armenian Orthodox continue to exist in small but significant numbers in Iran as well as the newly formed Armenian Republic; and in the rest of the near East, notwithstanding the wholesale expulsions of Armenian and Greek Orthodox by the Ottomans in 1923, Orthodox Christians far outnumber Catholics everywhere in the Middle East and Near East.

This is why when scholars and bookworms speak of the East, they speak of the “Christian East.”

Secondly, the catholic presence in the Middle East was first introduced by the several Crusades, beginning in 1096 and thereafter, and after their expiration with the last failed crusade at Varna in 1396 and the fall of Constantinople in 1453, the Jesuits continued missionary activities throughout the Middle East, largely on behalf of the French, mainly to convert Orthodox subjects of the Sublime Porte to Catholicism, since it was forbidden to convert Muslims to Orthodoxy.

During the Crusades and thereafter, the Catholic Church set up a series of parallel bishoprics and patriarchates which essentially duplicate the hiearachical structure of the Eastern Orthodox prelates and Eastern Orthodox Byzantine Empire’s Church as it then stood in 1096 A.D.; if there was a greek patriarch in Antioch, they replaced him with a latin patriarch, if there was a greek patriarch in Jerusalem, they replaced him with a latin patriarch, if there was a greek patriarch in Edessa, they replaced him with a latin patriarch, and so forth ad nauseam.

Consequently, even though the Crusades are long gone (and the Eastern Roman/Byzantine Empire as well) the dual Eastern Church/Catholic titles (and dual office holders) in the middle east still co-exist, confusingly so. There are still catholic and greek bishops and patriarchs of many middle eastern cities, and they often have fights and squabbles for control of sacred places and relics, most notably over the Church of the Holy Sepulchre in Jerusalem, which was commended to the care of the Eastern Orthodox Church by St. Constantine and his mother St. Helena in the 4th Century A.D., which is built over the tomb of our Lord and Savior Jesus Christ.

That these petty fights and squabbles are often mediated by the Arabs (or Jews) who actually own the land in question demonstrates the practical reality that in the Middle East, everyone must really get along; it’s not a hollow truism merely echoed by the Pope as one more speech, but an actual, living fact of living as an oppressed Christian minority in a Muslim land.

To really appreciate the value of being Christian, or simply the value of freedom of religion which we enjoy here in America, one should live as an oppressed Christian minority for a year in a land which is overwhelmingly muslim or otherwise non-christian for a year or two.

It will shed great light on our great freedom of worship here.

art k philly/south jersey
home of the world champion phillies

I read with interest the following post by Prof. Pamela Karlan to Brian Leiter’s Law School Reports Blog at

http://leiterlawschool.typepad.com/leiter/2006/04/high_gpas_at_to.html:

April 19, 2006
High Undergraduate GPAs at Top Law Schools: What Do They Mean and What Are Their Consequences for Legal Education?

Pamela Karlan, a distinguished expert on voting rights and civil procedure at Stanford Law School, writes:

I read, with both interest and a fair amount of distress, the 75th percentile LSAT rankings. The distress came from seeing the staggering 75th percentile GPAs.

These could reflect at least three states of the world, two of them unfortunate. First, and most optimistically, the 40 schools on your list could all be admitting kids with amazing undergraduate academic achievements. (A 3.96 means, for example a student with 34A’s and 2 B+’s as an undergraduate; a 3.85 could mean half A’s and half A-’s.)

Second, the GPA’s could reflect rampant grade inflation at undergraduate institutions. Leave aside the abstract debate over whether the current generation of students is so much abler than its predecessors that good students should never see a grade below A- or B+. Most law schools have mandatory means or curves, and I’m aware of none where that mean is over around 3.4. (Even at the schools that don’t have official means, I would guess the actual mean is no higher than that.) Thus, virtually all law students will have lower, substantially lower, GPA’s in law school than they had in college. (E.g., at my own institution, 25% of the students had GPAs equivalent to what the number 1 student in the normal graduating class is likely to have.) This drop has a number of unfortunate consequences. Many of us are familiar with a huge demoralization effect the day first-semester grades come out and people who’ve been told all their lives that they are “A’s” at everything that’s measured hear for the first time that they’re “B’s.” They give up, and simply float through the remaining five semesters. Many have a self-protective defensive reaction: if the law doesn’t love them, then they distance themselves from it. In addition, at law schools where there are course-selection strategies that allow students to manipulate their GPA’s, students are then drawn not to taking what’s good or useful for them, but rather what’s most likely to boost their GPAs back toward the range they’ve internalized as normal. The high UGPAs mean that many of our students have never really learned to bounce back from academic disappointment (the “C” I got my first semester of college is one of the best things that ever happened to me) and like learning to ride a bicycle, it’s harder to learn that the older you get.

Third, to get those astronomical UGPA’s, students necessarily had to be either (a) extraordinary across the board for their entire undergraduate career (the student who bombs the first year of college because she wasn’t yet ready for the work or who was planning to be a physicist before he realized he didn’t have the mathematical ability can’t get one of these sky-high GPAs) or (b) strategic and risk-averse, taking only the kinds of courses in which they’d get A’s, from the time they were 17 or 18 years old. I’d bet it’s more the latter than the former. One of the things I always though the U.S. had over many other advanced countries was that we didn’t expect students to specialize in only what they were good at when they were still teenagers. But in order to get a 3.9 UGPA, students really can’t take things well outside their comparative advantages. Many of us see the consequences of this in what our students do: they’re passive and non-entrepreneurial in their job choices, going to large firms not because that practice particularly attracts them, but because it seems less “risky” right out of law school than going to smaller firms or government jobs. Many of them haven’t exercised their intellectual imaginations in years. Many are in fact not particularly well educated, since the science majors took few writing courses, the humanities people took perhaps one semester of economics and flee any quantitative subject, and the social and hard scientists know no American (let alone world) history at all.

Now, of course, we’re talking here only about the 75th percentile. Perhaps we could find the students who are comfortable with risk, entrepreneurial, academically and intellectually adventurous, and resilient among the other three-quarters of the class. But even the 25th percentile at top 20 schools have staggering UGPAs. And that sets the tone for the student body.

I’m not sure, as long as US News drives so much of the world, that there’s anything to be done. But it’s frustrating if what we’re trying to do is to train imaginative, entrepreneurial, courageous, resilient lawyers with broad perspectives that one of the central criteria for admitting students undermines our chances of doing that.

(end of Prof. Karlan’s comments).

Now I actually knew Pam growing up–she was one of a circle of debaters I knew who grew up debating in connecticut (she went to Hopkins Grammar School and then to Yale) and she’s enjoyed a great deal of success as a law school academic, although she’s way too liberal for my tastes (what law school academic isn’t liberal?).

On the plus side, I don’t think she’s a communist, but if she is, i’m not down with that at all.

My father fought those jerks in the greek civil war, and they were rat bastards, the communists. I can’t believe the democrats are actually meeting with castro in cuba right now.

Anyway, here were my comments in reply to her post:

An addendum to the comment above on grade inflation and test scores.

1) it is well-known that the ETS re-normed the SATS, LSATs, GREs and MCATs at least one standard deviation approximately sixteen years ago. Consequently, our generation of the 1970s and 1980s had a mean on the SAT and other standardized tests that was one standardized deviation higher than the current generation of students–our IQ in short, averaged around 100, while theirs literally averages 85. If you pin the bell curve tail on the donkey, that makes the top 1/2 % of the current generation dumber than the top five % of the previous generation.

So the students aren’t getting smarter, they’re getting dumber. That’s what renorming the test means.

I worked teaching all of the standardized tests for more than twenty years and wrote the pilot materials for the LSAT for Princeton Review in the early 1990s.

2) Grade inflation ain’t so except in the courses where professors are giving easy grades. At colleges that are conservative like Drexel, William and Mary, Hamilton, and so forth, grades are given out fairly and with rigor. It’s at some of the humanities departments that standards have fallen, and as certain classics and history professors have noted, along with scholarship–you can hardly find an actual greek, latin or byzantine professor today in a major ivy league university. When I visited Harvard, Prof. Finley was lecturing on Ancient Athens. Today, you’re more likely to hear some humanities teacher deconstructing gender based issues in some unknown text from last week, or worse still, deconstructing something from the internet.

3) TV, the internet, cellphones and laptops have definitively made current law students stupider. They don’t know how to write, they don’t know how to read books, and their research skills are shallow and poor. Most important, they lack the skill of memorization. I used to know where every single book was in certain law libraries, just as I knew where they were in huge undergrad libraries for years. That was a lot more useful skill than Boolean searches, which are not a thorough method of seeking out facts unless you already know the subject matter at hand.

4) Westlaw and Lexis led us to the horror that is Google.

5) Google is driving the book and newspaper out of existence, leading us to a famous Asimov short story of science fiction in which (in the near future) everyone forgets how to read and do math because computers do it for us–until a nuclear war destroys the machines and we become helpless, until one day a boy re-discovers how to do math by hand, and is proclaimed a genius.

This is the orwellian place we are all headed.

In addition to the foregoing comments, I would have also pointed out that Prof. Karlan’s basic point is wrong.

She assumes that students get high grades in college, and then come to Stanford Law and get lower grades because the competition is tougher.

This is actually ass backwards. I know Pam from when she was 18 and kicking back beers at college debate tournaments, so I know she likes to pontificate without factual basis from time to time, so here are some facts;

1) except for the top ten law schools, most law school applicants don’t have a 3.90 GPA or a very high LSAT. The vast majority of law students and lawyers are trained at 2d, 3d and 4th quartile schools as rated by US News and World Report rankings, or at local state law schools. Those students make up the vast majority of the bar.

2) students who go to Stanford, Yale, Harvard law schools only rarely practice law in the “real”world. They usually become law professors, judges, politicians etc. or work for rarified law firms. It’s unusual to see these folks work with actual clients or appear in actual courtrooms. Pam is a perfect example of this. She’s spent her life in the classroom, not in the real world.

3) Pam admits to getting a C or two at Yale, and I admit to that with Harvard. Because those schools were hard, back in the day. They were not easy, there was no grade inflation and the competition was brutal in most of the classes. Plus I was a premed on the side. So my GPA in college was nothing pretty, although it was definitely higher than a B average and i was recommended for honors, had a cum laude on my thesis and a summa on my general exam.

4) When I went to law school, after working a while, I thought it was MUCH EASIER than college. To be honest, I barely cracked a book open, worked forty hours a week at law firms collecting cold hard cash, and found the work at law school to be trivial. It was in law school that i got racks of As and only a couple of Bs. It was funny how many As I got. I won Am Jur Awards and Best Paper Awards (best grade in my class) every single semester I was in law school. It became like a joke how smart I was in law school, and yet, I really wasn’t working 1/8th as hard as I did in college.

Consequently, I don’t really know what Pam is talking about, not at all. My grades were disappointing to me in college but I worked my ass off to get them; but my grades in law school were terrific, and I hardly broke a sweat.

Next, as far as training law students to be imaginative, entrepreneurial or creative, I think that’s a deeply flawed and dangerous thing to do.

The last thing I as a businessman want my lawyer to be is creative, imaginative or entrepreneurial. I want my lawyer to be a lawyer, that is, an unimaginative little nebbish who grinds out papers and hands them to my enemy at 5pm on friday afternoon, or gets deals done by smiling and being at peace and harmony with everyone in the bar.

Creativity, imagination and entrepreneurship, I’m afraid, is reserved for the Schumpeterians of the world, that is to say, the guys at Business School, and that’s why Wharton has a Center for Entrepreneurship, and why I and my colleagues at various Business Schools teach Entrepreneurship, Innovation and Creativity at Business Schools around the North east directly, rather than teaching the stultifying subject of law. Law by its nature cannot be innovative, because it is precedential and must be followed to the letter of the law; whereas an inventor or entrepreneur is not bound by precedent and can be innovative.

I actually find Pam’s notion of what a good lawyer is to be incomprehensible. A good lawyer should be boring, ethical and should be able to repeat a statute from front to back thirty times in a row. Not creative, not innovative, not entrepreneurial, but efficient like a swiss army knife or a swiss watch. Efficiency and practice make for good lawyering. Also long hours spent learning how to write briefs exactly like everyone else writes them. The last thing you want to do in a brief is to introduce anything new, creative or innovative. Judges hate that. They just want you to follow the 8,000 appellate rules they’ve set forth for how to write the brief.

Good lawyers, then, are basically automatons. Clever and hard working automatons, but robots, essentially. In another century, they will in fact be replaced by AI possessing machines for many of their tasks, I predict. They’re already being outsourced to India for much of their robotic work such as document discovery, which was once thought to require intelligence and training. See my point?

Whereas good businessmen are creative, innovative and entrepreneurial.

5) A logic, rhetoric, oratory, philosophy background gets you through law school very easily; math and science make it trivial. All law problems are basically logic puzzles, and all law essays are basically debate/oratory speeches made in a philsophy manner of analyzing each question from both sides. This was perfectly normal to me. Undergrad teachers kept trying to make a marxist out of me, so they didn’t like my impartiality. Law professors loved it.

6) Law exams are graded without your name on the paper. No favoritism can creep into the grading. Undergrad is rife with favoritism and bias towards certain undergrads that the professors play favorites towards.

7) My friend NS who went to school with Pam at Yale thought Stanford Law was a joke after Yale undergrad; he thought it was a vacation. We used to get together frequently in Cali and hang out. He never seemed to work too hard.

8) My friend DB who went to harvard with me and then to Stanford Med thought Stanford Law was a joke after harvard undergrad and stanford med. He worked 40 hours at a top patent firm and saved all his money. Again, he had plenty of free time, he hardly worked at law school.

9) Law Schools should require all incoming students to study the following;

semester of logic, semster of intro to western philosophy
semester of oratory/rhetoric/speech
do two semesters of competitive speech/rhetoric/debate/parli
do two semesters of mock trial
spend a summer working at a law firm
spend a summer working at legal aid
spend a summer working for a judge
spend two years minimum working in business or somewhere between college and law school. The armed forces would be the best of all.
give preferential admission to army veterans, ROTC and reservists and end their anti-military culture.
sharply curtail the number of attorneys taking the bar nationally. End all state bars and apply one national bar, and only pass around 5,000 persons into it annually, and make them travel to one of three reginal centers nationally to take the exam, such as SF, CA, Chicago and New York, and only give the exam once a year.
Require proficiency in Spanish for ALL attorneys, since Spanish is required to speak to most clients on both coasts.

10) Science and business grad school were much more challenging and interesting than law school or undergrad. I would NEVER recommend to my own children to attend law school, maybe take a law class in business school, but not attend law school. The best combination out there today is the MD-MBA combined program, which I think is ideal in today’s economy.

These are some of the practical changes I would make to the legal eduction process.

I would probably close all but a handful of the existing law schools in the united states. Or, perhaps, people could obtain law degrees for reasons other than being a lawyer–for academic or scholarly purposes, as in europe, but not to be a lawyer or to make money. I’d convert a lot of the programs to MBA programs, actually.

we have way too many lawyers in this country and we need to reform the legal profession, reform tort law, and sharply regulate the profession before it drives all of the doctors, drug makers and other competent businessmen out of this country for good.

One final note, and this is about Pam’s constitutional law book, which she authored with Cass Sunstein, Mark & Rebecca Tushnet, Louis Seidman & Geoffrey Stone. This casebook has been ranked one out of five stars by nearly everyone who ranked it on Amazon dot com. I happen to be a fan of Pam, of Cass Sunstein (except for his dumping Martha Nussbaum, who I’m a bigger fan of, for that stupid Irish younger woman professor at Harvard who’s the big Obama fan) and I really am a big fan of Mark and Rebecca Tushnet–Rebecca was one of Harvard’s best debaters ever in the 1990s–and Mark is a very smart guy–but apparently brains doesn’t mean you can write a casebook as good as Larry Tribe’s.

Here’s a sample comment from Amazon dot com;

3 of 3 people found the following review helpful:
1.0 out of 5 stars Terrible Casebook, December 13, 2008
By kiki (Baltimore, MD) – See all my reviews
It’s a casebook, so it’s not supposed to be great reading, but this one is by far the worst casebook I’ve ever had. The only thing a casebook needs to do to achieve mediocrity is contain cases. This doesn’t, not really. It gives you the cliff’s notes of important cases. One sentence blurbs about others. And pages and pages of rambling, aimless, academic debate. It may be a good book for Con Law professors and others who have already read all of the cases discussed. For someone trying to learn con law, it is useless. It is also organized very poorly. Any class organized around this book is doomed from the start. If your professor uses this book, take another class. If you can’t take another class, buy the Chemerinsky treatise and rely on that instead. Professors: DO NOT USE THIS BOOK.

Constitutional Law (Casebook)

Constitutional Law (Casebook)

Buy from Amazon

the website address is above, if you want to check out the remarks and the book yourself. Perhaps there will be a revised edition. I realize that Pam writes and talks a lot. As I said, part of her strength, and her weakness, is that she talks and writes too much, and perhaps she spreads herself a little thin.

When I was a litigator, I litigated civil rights matters in the trenches, and won them. It’s not as hard as it seems. You need to have a firm grasp of the history of the United States from 1776 through about 1900 to understand the reconstruction and civil war era, in order to make some sense of what the 13th, 14th and 15th amendments mean.

I actually think Justice Scalia had some pertinent remarks on US v. Cruikshank in the recent gun rights case. He noted that the US Supreme Court in that 1874 case took the right of bearing arms away from african american militia men under the second amendment, because of white supremacist views which were going on at the time. the dispute was that armed militias of african americans and republicans were fighting ku klux klansmen in Mississippi and elsewhere in the south, and the african american plaintiffs claimed a second amendment right to bear arms as a militia.

The US Supreme Court said no, that’s only a federal right against the federal government, not against the states, ignoring incorporation under the 14th amendment.

Scalia basically says now that Cruikshank was wrong, and that african americans had the right to arm themselves as a militia in 1874 and defend themselves against the Klan in the 1870s.

I think that’s an interesting point of view. Of course, an armchair liberal like Karlan would never consider that Scalia would have anything interesting to say.

But here at the Sophist, we think there are two sides to every question.

–art kyriazis
philly/nj home of the world champion phillies

–art kyriazis

In the Phil’s home opener, the boobirds waited all of half an hour to get on Brett Myer’s case just because he gave up a couple (ok, three) home runs early to Atlanta. In this case, those runs held up as Derek Lowe, formerly of the Boston Red Sox and the LA Dodgers, and acquired by the Braves as an off-season free agent, did his thing and limited the Phils to just one run.

However, I am extremely curious as to why it is that Derek Lowe is suddenly such an effective pitcher at 36 years of age, an age when most pitchers are usually either washed up or on the way down. He’s known for throwing a hard sinker, and right away, looking at him pitch and throwing that sinker, it really looks like a doctored pitch, either a spitter, a scuffball, an emery ball, or something put on the ball to make it dive.

The question then is, since there are two sides to every question, is there any evidence that Derek Lowe suddenly got better in the middle of his career when it looked like he wasn’t going anywhere fast? One hint is given in Rob Neyer’s Neyer/James Guide to Pitchers (Simon & Schuster, NY, 2004), where it states about Derek Lowe that he is six foot six, weighs 214 pounds, and throws “1. Hard Sinker 2. Curve 3. Change 4. Cut Fastball Note: The Cut Fastball was added or refined in 2002, when Lowe went from relieving to starting.” Id. at p. 285. Well, so Lowe added a “cut fastball.” Really.

In 2001, out of the bullpen, Lowe allowed 103 hits in 91 and 2/3 innings, gave up 7 homers, 39 runs and 36 earned runs, and walked 29 batters, while striking out 82, with an ERA of 3.53 and a park adjusted ERC of 4.31, according to the Bill James Handbook for 2009, id. at p. 172. He won five games, and lost ten, and had 24 saves in 30 opportunities.

The next year, 2002, when he started and “learned the cut fastball,” his numbers were dramatically better. Lowe won 21 and lost just 8, with an ERA of 2.58, an adjusted ERC of 2.13, pitching 219 2/3 innings, giving up only 166 hits, only 65 runs and 63 earned runs, allowing 17 homers, walking only 72 and striking out 127 batters.

The question becomes, how did Lowe get so much better?

The answer should be pretty obvious from the fact that the year before, in 2001, striking out 82 batters in 103 innings, Lowe wasn’t effective, while in 2002, striking out 127 batters in 220 innings, Lowe was terrific. LOWE COMMITTED TO THE SINKER, OR ELSE LEARNED HOW TO THROW THE SPITTER. Since Lowe is 6’6” tall, coming with a good fastball, curve and change, a spitter/scuff ball/doctored pitch that drops off the table in necessary situations is a great out pitch for him, especially since he was pitching in Fenway Park.

Alternatively, Lowe may just have started juicing. After all, it worked for A-Rod.

After that dramatic success, Lowe had another good year in 2003, winning 17 and losing 7, but in 2004 although he won 14 and lost only 12, his ERA ballooned up to 5.42 with a park-adjusted ERC of 5.31. Lowe was now 31 years old. Lowe led the AL in runs allowed in 2004 with 138. It was reasonable for the Red Sox to think he was beginning to embark on an age-related decline. So off to the LA Dodgers went Derek Lowe.

From 2005 through 2007, Lowe had almost identical seasons statistically, with ERAs around 3.60 and park adjusted ERCs between 3.50 and 3.70; in 2006 he led the NL in wins with 16, going 16 and 8 on the year. Every year he pitched around 210 innings, allowed around 100 runs, 90 earned runs, 15 homers, and struck out around 125 to 140 batters while only giving up 55 walks. He was like a machine.

In 2008, Lowe broke out of this pattern, and actually had a BETTER year—211 innings pitched, 194 hits, 84 runs allowed, 76 earned runs, 14 homers, 45 walks, 147 strikeouts, 14 wins and 11 losses, an ERA of 3.24 and a park adjusted ERC of 2.72. 2008 was Lowe’s best season since 2002, and this at age 35.

And now Derek Lowe comes out of the gate in the first ballgame of 2009, and twirls a masterpiece against the Phillies, a team that scored the third highest number of runs in the National League in 2008, and a lineup that is packed with lefthanded power bats.

Which brings me round to the topic sentences—is Derek Lowe throwing the spitball? Or is he just juicing? Because a 36 year old pitcher just can’t be this good. He’s BETTER now than he was two years ago, and pitching BETTER now than he did at any time in his career, except for his breakout year in 2002, which was a year when almost everyone in baseball was juicing.

I’m sorry for accusing a ballplayer of cheating, but we live in awful times, and I just don’t believe Derek Lowe is that good. The next question is, does Derek Lowe’s pitching profile resemble that of other spitballers? The answer is clearly, yes.

Ed Walsh of the White Sox threw a spitball, a fastball, a change and a curve. Don Drysdale of the Dodgers, also a 6 foot five inch right hander, very similar to Derek Lowe in almost every way, and who relied on the Vaseline ball, threw a fastball, a curve, a change, a slider and a spitter. Senator Jim Bunning of the Phillies and Tigers, also a spitball/Vaseline ball artist, and also a tall righthander, threw a slider, a fastball, a curve, a change and a spitter, usually a doctored Vaseline ball. Bunning threw a no-hitter and a perfect game in his hall of fame career.

Hugh Casey is another famous tall righthander who supposedly threw the spitball, although it’s claimed his out pitch was the sinker, supplemented by a slider, fastball and a curve. According to Neyer, Hugh Casey was pitching on the mound and threw a spitter to Mickey Owen in the 1941 World Series; that was the famous passed ball that led to the Dodgers losing the Series. Id. at p. 57.

Then you have Gaylord Perry, who was also a tall righthander, six foot four, 205 pounds in his prime, heavier later, a great spitballer, who also threw the slider, the fastball, the curve, the forkball/splitter and the change. Perry also claimed his spitter was a sinker, although after he retired he admitted it really was a spitball after all.

So comparing Derek Lowe to many of the famous spitballers, and their pitching repetoires, it would seem that there is a pretty good match. Derek Lowe is the same build as Don Drysdale and Gaylord Perry, and uses approximately the same pitches as they did. In sum, the circumstantial evidence against him is pretty strong that Derek Lowe probably is using a spitball, and not really throwing a sinker at all. Finally, you have the fact that pitchers like Gaylord Perry lasted long past their points of decline–Perry was winning twenty games at ages like 35 and 40–further evidence Lowe is greasing the ball.

–art kyriazis, philly/south jersey
home of the world champion Philadelphia Phillies

Most of you probably know this already, but one of the main theorists of semiotics and deconstruction, the French theorist Baudrillard, and his famous 1985 (published in the 1990s in english) work SIMULACRA AND SIMULATION is a key reference point for both the movie and the shooting script of both the film THE MATRIX, and many of the underlying ideas of THE MATRIX.

I’ll just reprint what the wikipedia has to say, but just note that many of Baudrillard’s ideas are not too different from Susan Sontag’s ideas–Sontag thinks that the proliferation of images and signs in modern culture obscure reality, while Baudrillard feels that they obliterate it. THE MATRIX of course presents a science fiction allegory in which reality is a computer generated fiction present only in our minds, which is somewhat different than what Baudrillard is saying, leading to paths of noumenalism and idealism and radical Rorty-ism, but it is worth noting that in the very first scene of the MATRIX, when Neo is holding a book that is hollowed out, and pulling out some disks to give to the folks knocking on his door in the middle of the night, that book is in fact, a copy of Baudrillard’s SIMULACRA AND SIMULATION. One small step for neo, one giant step for semiotics.

I note here specifically that I am anti-marxist and anti-communist, and pro-capitalist, and dissassociate myself from those aspects of the deconstructionist critique which are plainly recycled and rehashed marxism. The failures of that system and that philosophy are too numerous to mention here, except to say that the Gulag Archipelago documented hundreds of millions of deaths in the Soviet system, including 500,000 priests who died in 1937-39 for the crime of being priests. Nonetheless, this is an interesting way of looking at the world, so here goes.

so here’s the wiki entry;

Simulacra and Simulation
Cover of English translation
Author Jean Baudrillard
Original title Simulacres et Simulation
Translator Sheila Glaser
Country France
Language French
Subject(s) Philosophy
Genre(s) Non-fiction
Publisher
Galilée (Editions) (French) & University of Michigan Press (English)
Publication date 2 April 1985
Published in
English February, 1996
Media type print (paperback)
Pages 164 pp
ISBN
ISBN 2718602104 (French) & ISBN 0472065211 (English)

Simulacra and Simulation (Simulacres et Simulation in French) is a philosophical treatise by Jean Baudrillard that discusses the interaction between reality, symbols and society.

Contents

• 1 Overview
• 2 Criticism
• 3 The Matrix
• 4 Footnotes

[edit] Overview
“ The simulacrum is never that which conceals the truth–it is the truth which conceals that there is none. The simulacrum is true.[1]

Simulacra and Simulation is most known for its discussion of images, signs, and how they relate to the present day. Baudrillard claims that modern society has replaced all reality and meaning with symbols and signs, and that the human experience is of a simulation of reality rather than reality itself. The simulacra that Baudrillard refers to are signs of culture and media that create the perceived reality; Baudrillard believed that society has become so reliant on simulacra that it has lost contact with the real world on which the simulacra are based.

Simulacra and Simulation identifies three types of simulacra and identifies each with a historical period:

1. First order, associated with the pre-modern period, where the image is clearly an artificial placemarker for the real item.

2. Second order, associated with the industrial Revolution, where distinctions between image and reality breaks down due to the proliferation of mass-produced copies. The items’ ability to imitate reality threaten to replace the original version.

3. Third order, associated with the postmodern age, where the simulacrum precedes the original and the distinction between reality and representation break down. There is only the simulacrum.[2]
Baudrillard theorizes the lack of distinctions between reality and simulacra originates in several phenomenon:

1. Contemporary media including television, film, print and the Internet, which are responsible for blurring the line between goods that are needed and goods for which a need is created by commercial images.

2. Exchange value, in which the value of goods is based on money rather than usefulness.

3. Multinational capitalism, which separates produced goods from the plants, minerals and other original materials and the process used to create them.

4. Urbanization, which separates humans from the natural world.

5. Language and ideology, in which language is used to obscure rather than reveal reality when used by dominant, politically powerful groups.

A specific analogy that Baudrillard uses is a fable derived from On Exactitude in Science by Jorge Luis Borges. In it, a great Empire created a map that was so detailed it was as large as the Empire itself. The actual map grew and decayed as the Empire itself conquered or lost territory. When the Empire crumbled, all that was left was the map. In Baudrillard’s rendition, it is the map that people live in, the simulation of reality, and it is reality that is crumbling away from disuse.

The transition from signs which dissimulate something to signs which dissimulate that there is nothing, marks the decisive turning point. The first implies a theology of truth and secrecy (to which the notion of ideology still belongs). The second inaugurates an age of simulacra and simulation, in which there is no longer any God to recognize his own, nor any last judgement to separate truth from false, the real from its artificial resurrection, since everything is already dead and risen in advance. [3]

Thus, Baudrillard further distinguishes three orders of simulacra associated with three historical periods: first order simulacra belong to the pre-modern era in which images were clearly copies or representations of some original; second order simulacra arise with the industrial revolution, photography and mass reproduction technologies in the nineteenth century – the image obscures (dissimulates) and threatens to displace the real; third order simulacra are part of our postmodern era; the image is said to completely precede and determine the real, such that it is no longer possible to peel away layers of representation to arrive at some original.

It is important to note that when Baudrillard refers to the “precession of simulacra” in Simulacra and Simulations, he is referring to the way simulacra have come to precede the real in the sense mentioned above, rather than to any succession of historical phases of the image. Referring to “On Exactitude in Science”, a fable written by Borges, he argued that just as for contemporary society the simulated copy had superseded the original object, so, too, the map had come to precede the geographic territory (c.f. Map–territory relation), e.g. the first Gulf War (see below): the image of war preceded real war.

Henceforth, it is the map that precedes the territory – precession of simulacra – it is the map that engenders the territory and if we were to revive the fable today, it would be the territory whose shreds are slowly rotting across the map. [4]

[edit] Criticism

With such reasoning, he characterised the present age — following Ludwig Feuerbach and Guy Debord — as one of “hyperreality” where the real object has been effaced or superseded, by the signs of its existence.

Such an assertion — the one for which he is most criticised — is typical of his “fatal strategy” of attempting to push his theories of society beyond themselves. Rather than saying, that our hysteria surrounding pedophilia is such that we no longer really understand what childhood is anymore, Baudrillard argued that “the Child no longer exists”.[5]

Similarly, rather than arguing — as did Susan Sontag in her book On Photography — that the notion of reality has been complicated by the profusion of images of it, Baudrillard asserted: “the real no longer exists”. In so saying, he characterised his philosophical challenge as no longer being the Heidiggerian/Leibnizian question of: “Why is there something, rather than nothing?”, but, instead: “Why is there nothing, rather than something?”[6]

[edit] The Matrix
The Matrix makes many connections to Simulacra and Simulation. In an early scene, the original French Simulacres et Simulation is the book in which Neo hides his illicit software. In the film, the chapter ‘On Nihilism’ is in the middle, rather than the end of the book.

Morpheus also refers to the real world outside of the Matrix as the “desert of the real”, which was directly referenced in the Slavoj Žižek work, Welcome to the Desert of the Real. In the original script, Morpheus referenced Baudrillard’s book specifically.

Keanu Reeves was asked by the directors to read the book, as well as Out of Control and Evolution Psychology, before being cast as Neo.[7]

In an interview, Baudrillard claimed that The Matrix misunderstands and distorts his work.[8]

[edit] Footnotes
1. ^ Poster, Mark; Baudrillard, Jean (1988). Selected writings. Cambridge, UK: Polity. ISBN 0-7456-0586-9.
2. ^ Hegarty, Paul (2004). Jean Baudrillard: live theory. London: Continuum. ISBN 0-8264-6283-9.
3. ^ Ibid.
4. ^ Ibid.
5. ^ In the essay “The Dark Continent of Childhood” in the essay collection Screened Out, 2002.
6. ^ In The Perfect Crime.
7. ^ Oreck J (director). (2001). The Matrix Revisited [DVD]. Warner Home Video.
8. ^ “Le Nouvel Observateur with Baudrillard”. Le Nouvel Observateur. 2004-10-15.

http://www.empyree.org/divers/Matrix-Baudrillard_english.html. Retrieved on 2007-12-07.

Retrieved from “http://en.wikipedia.org/wiki/Simulacra_and_Simulation”

Categories: Postmodernism | Publications about hyperreality | Philosophy books | Metaphysics literature

–art kyriazis, philly south jersey
home of the world champion phillies