I am now an official contributor at Social Media Law Student, a blog for law students to write on social media issues. In the invitation letter I was told "Legal professionals across the world have been using our blog and law schools are directing their students to our blog for best practice tips."

My first article is currently the lead article on the site but because it won't stay there forever so here is a permalink to it, The Right to Online Privacy v. Defamation Law. It is a short piece asking, "How far does the cyber-right to privacy extend? Does it stand when people use it as a shield to harm others, to damage their reputations? Last week Google was forced by the court to reveal the identity of an anonymous blogger who had defamed another."

In a previous post, God, Darwinian Evolution and The Teleological Argument, I argued that evolution does not refute the teleological argument. Also, even if it did, a lot more significant philosophical work over and above any appeal to natural selection would be needed to infer from this that theism is rationally untenable. There is, however, a second concern lurking in this area; it is that Darwinian evolution shows that evolution occurs by chance. Chance is incompatible with design; hence, Darwinian evolution shows that biological organisms were not created by God. Del Ratzsch summarises the argument succinctly,

[I]f it is genuine evolution, then the theory itself demands that the processes be governed by natural law and random chance … On the other hand, if its genuinely guided [by God], then the process must involve not chance but deliberately designed intervention.[1]

The argument has two premises,

[1] If evolution is guided [by God] then the processes must not involve random chance;

[2] Genuine evolutionary theory demands that the processes be governed by natural law and random chance.

I think this argument is mistaken. To be a valid argument, the word “chance” would need to be used the same way in both premises. The kind of chance that is incompatible with creation in [1] would have to be the kind of chance that is part of genuine evolutionary theory in [2].

Alvin Plantinga has argued that when one examines how the word “chance” is being used in this kind of argument it is evident that the word is not being used the same way in both premises and that when the ambiguity is cleared up the kind of chance that is involved in contemporary evolutionary theory is compatible with the idea that God created human beings.[2]

Let us turn to the first premise; [1] the claim that if evolution is guided [by God] then the processes must not involve random chance. This statement is true only if chance is defined a certain way, both that its existence is incompatible with the idea that God caused the event to happen (either immediately or indirectly via normal secondary causation) and that God did so intentionally and with purpose. To say then that an event occurs by random chance, on this definition, is to say the event was not caused, intended or planned by God.

The problem is that if chance is defined this way premise [2] is false; genuine evolutionary theory does not demand that mutations are not caused by chance, when chance is defined in this way. According to Eliot Sober, when the word chance is used in the context of evolutionary theory it means, “there is no physical mechanism (either inside organisms or outside of them) that detects which mutations would be beneficial and causes those mutations to occur.” Ernest Mayr makes a similar point, “When it is said that mutation or variation is random, the statement simply means that there is no correlation between the production of new genotypes and the adaptational needs of an organism in a given environment.”

Defined in the manner of Mayr and Sober, chance is entirely compatible with the idea that evolution is caused, intended or planned by God. The fact that there is, “no correlation between the production of new genotypes and the adaptational needs of an organism in a given environment” and “no physical mechanism (either inside organisms or outside of them) that detects which mutations would be beneficial and causes those mutations to occur,” does not mean that the events had no cause and it certainly does not mean that they were not intentionally caused by God.

To show that evolution occurred by chance, where chance is incompatible with divine design, contemporary biologists would need to show not just that no physical mechanism detects which mutations are beneficial and causes them and it would have to do much more than fail to produce a correlation between the “production of new genotypes and the adaptational needs of an organism in a given environment.” It would have to show that there was ultimately no supernatural cause to the process that intended evolution of human life to occur. Contemporary biology has not done this and it is certainly very difficult to see how it could do so without stepping outside the bounds of science, as currently practised, and venturing into controversial areas of philosophy and theology.

[1] Del Ratzch Battle for Beginnings: Why Neither Side is Winning the Creation Evolution Debate (Downers Grove IL: Intervarsity Press, 1996).
[2] Alvin Plantinga "Evolution and Design" in For Faith and Clarity: Philosophical Contributions to Christian Theology ed. James Beilby (Grand Rapids: Baker Academic, 2006) 201-217.

This post draws from parts of my paper "Does Evolution Make Belief in God Untenable?" given at the recent TANSA conference, Faithful Science? – Just How Well Do Science and Faith Get Along?

RELATED POSTS:
God, Darwinian Evolution and The Teleological Argument

Matt spoke at Thinking Matters Auckland on 28 May 2009 on Moral Relativism.

A popular view of ethics holds that actions are right or wrong only if a person or a community believes that they are right or wrong, and that it is inappropriate to apply your own standards to others. This position is known as moral relativism. In this talk Matt looks at the common arguments for relativism, argues that relativism is a mistaken view of ethics and shows how relativism fails.

In impeccable timing, this afternoon I heard the announcement that ACT MP John Boscawen’s Bill to amend Section 59 of the Crimes Act, in line with the Borrows amendment that defined reasonable force, had been drawn from the ballot.

However, John Key swiftly announced that National would not back it to Select Committee trotting out the flawed "the law is working" argument; basically, smacking is illegal but we promise to not enforce it as long as we are in government, which is somehow supposed to reassure parents. NOT. So the bill appears dead in the water.

Hopefully Boscawen will elect to delay its first reading until just before the next election.

Following on from More Evidence of Student Association Delusions of Grandeur, where I shared Auckland University Students Assocation's (AUSA) unfathomable intentions to incorporate the UN Declaration of Human Rights into their constitution, a fellow student and reader of this blog, brought my attention to today's email to all University of Auckland students which he described as "bribery now to get what they want." I must concur:

Student apathy was at its worst today when we failed to get 200 people to turn up to the quad to hold the AUSA Winter General Meeting. However, all is not lost - we are going to try again!

So come to the quad at 1pm on Thursday the 27th of August (tomorrow) and vote in favour of putting the Universal Declaration of Human Rights into the AUSA Constitution! We were only about 20 people short so I cannot stress enough that YOU REALLY WILL MAKE ALL THE DIFFERENCE!

Even if the Universal Declaration of Human Rights is not your thing, we will be giving out candy! FOR FREE! Maybe even a few muesli bars for the health-conscious amongst you. All you need to do is bring along your uni ID card and flash it in favour of human rights!

SEE YOU IN THE QUAD AT 1PM, THURSDAY 28 AUGUST. DO IT.

Again I am left wondering how on earth this move can "MAKE ALL THE DIFFERENCE" for human rights.

Again we see the disregard for proper constitutional process in the statement "All you need to do is bring along your uni ID card and flash it in favour of human rights!" AUSA membership is voluntary, as such, possession of a Uni ID card does not mean that you are an AUSA member and are entitled to vote but they do not seem to care about this detail.

So basically you can receive material benefits if you vote the way they want you to (doesn't matter if you're not really to eligible to vote) and all this is in the name of AUSA's strong commitment to human rights.

This would be funnier if I wasn't paying for it.

The law criminalises smacking, the best and most faithful reading of the law deems any use of force for the purposes of parental correction criminal; experts in legal interpretation agree on this. The people have objected loudly and all you have done is issue a promise to not enforce the law; a promise that can only be kept for as long as you govern, a promise that offends the duty of a government to ensure that the law is enforced.

Your so called “safeguards” offer no long term protection. What happens to those safeguards in the future if the Greens hold the balance of power? Or is that what is really going on - you won’t change the law because you want it to be easy to eradicate smacking long term in New Zealand?

I am not fooled. Courts are primarily directed by the black letter of the law not promises to not enforce it made by past governments. This government has a chance to offer parents protection that a future government will find harder to undo and it will fail if these “safeguards” are all it does.

Promises to not enforce a law that criminalises smacking are not good enough. If the government does not wish for parents who lightly smack their children for the purposes of correction to be prosecuted then it must change the law now, before the possibility of a new government arises.

Regards,

Madeleine Flannagan

The Hon Murray McCully emailed me (I suspect generically) this morning in response to my first email, Dear Cabinet,. The above is a response, sent to all members of Cabinet, to Mr McCully's email to me which is pasted below,

The Prime Minister has announced that the Government is introducing safeguards to give parents comfort they will not be criminalised for lightly smacking their children.

The safeguards follow the Citizens Initiated Referendum on smacking. The referendum result reinforces the message that New Zealanders do not want to see good parents criminalised for a light smack.

To give parents comfort that this will not happen, Cabinet has agreed on a number of measures. These are:

The Police and Ministry of Social Development chief executive will lead a review of Police and Child, Youth & Family policies and procedures, including the referral process between the two agencies, to identify any changes that are necessary or desirable to ensure good parents are treated as Parliament intended. The Commissioner of Police and Ministry of Social Development chief executive will seek an independent person to assist in the conduct of the review and will report back by 1 December 2009.

We will be bringing forward the delivery of the report from the Ministry of Social Development chief executive on data and trends and the effect of the law change from the end of the year to late September/early October. The Minister of Social Development will table the report in Parliament.

The Government will invite Police to continue to report on a six-monthly or annual basis for the next three years on the operation of the law, and invite Police to include data on cases where parents or caregivers say the force used on the child was reasonable in the circumstances.

If future Police data indicates a worrying trend, the law will be changed to ensure that good New Zealand parents are not criminalised for lightly smacking.

The Government believes the law is working as intended, but we want to give parents an assurance that a National-led Government will continue to monitor the way the law is being implemented.

RELATED POSTS:

I just got this in my inbox:

AN OPPORTUNITY HAS ARISEN:
On Wednesday the 26th of August at the AUSA [Auckland University Students Association] Winter General Meeting there has been an opening to incorporate the UNIVERSAL DECLARATION OF HUMAN RIGHTS into the AUSA constitution.

WE NEED 200 PEOPLE IN THE QUAD TO VOTE IN FAVOUR AT THE WINTER GENERAL MEETING!
WEDNESDAY 26th AUGUST at 1pm.

WHY IS THIS NECESSARY AND IMPORTANT?

The Universal Declaration is a common statement of mutual aspirations - a shared vision of a more equitable and just world. By incorporating this into its constitution, AUSA would commit itself to these human rights norms. If you care about people and their rights, make sure your voice is heard on this issue.

PLEASE COME ALONG! Don't just assume that enough people will turn up without your effort - you REALLY will make a difference!

Now one wonders what AUSA think they will achieve by incorporating the UN Declaration into their association? The mind boggles. They wrote "By incorporating this into its constitution, AUSA would commit itself to these human rights norms." What does this mean or rather what do they think it means?

Maybe they think that students won't have human right protection without this move.
Maybe they think that they, a student association, are a body in the nature of a state or that they perform a public function that places them on par with a state but even if that were true they would be obligated to uphold Human Rights regardless of whether it was in their constitution or not.
Maybe they hope that incorporating it will make them into a state.
Maybe they think that by them incorporating it into their constitution that action will, like some kind of butterfly effect, improve the human rights of people in other countries.
Maybe they want to make a big gesture so they can feel all warm and fuzzy... it is raining in Auckland today so maybe that is it.

Either way it seems a fairly pointless way to spend an afternoon especially if they think they can achieve it with "200 people" turning up; they need 200 members to turn up if they want to amend their constitution. AUSA despite their compulsory funding is the only university students association in New Zealand with voluntary membership - I received the call to come and I am not a member. It is almost tempting to turn up and see if they intend to check those voting are in fact members or not.

I wonder if they know that the UN Declaration of Human Rights calls for Freedom of Association? Something that, if they had their way, they'd undermine in a heartbeat with a return to compulsory membership.

The Top 10 New Zealand Christian Blogs for July 09 are as follows:

Rank. [previous top 10 rank] Blog MandM (Half Done - Tumeke)

To obtain our stats we run searches on Half Done's July 09 NZ stats and Tumeke's July 09 NZ stats for openly Christian blogs then we average those blogs scores to obtain their overall scores. If you think your blog should make our rankings make sure you are listed on both Tumeke and HalfDone's rankings as an identifiably Christian blog.

Here are the top 10 NZ Christian blogs based on Tumeke's NZ blog stats for July; these stats are used in the calculations for the MandM top 10 NZ Christian Blog rankings for July 09:

I am a mother of 4; I am currently doing the last few papers of my law degree at Auckland Uni, I voted “no” in the referendum, I voted for you to govern at the last election. I am sure you are getting a lot of emails, however, as you deliberate as to how to respond to the results of the recent referendum, please take a moment to consider my thoughts.

It used to be clear in New Zealand that a light smack for the purposes of parental correction was lawful. Then s59 of the Crimes Act was amended.

Whether a light smack was lawful or not became confusing. Experts in legal interpretation agree that, as worded, the new s59 could be read either way. I have been in the same room as John Key and I have heard him concede that the new s59 was poorly worded. I have sat in the same room with Sue Bradford and heard her give contradictory answers, as to whether she intended to make smacking illegal or not and whether it is or not. When I read the law, even with my legal training, I cannot decipher it clearly – I can run conflicting arguments as to what it means. Small wonder the populace was confused.

The government would not listen. A referendum was successfully called and the result is in, 88% of those who voted want it made clear that a light smack is not illegal; had the entire voting population voted I doubt there would have been a significant variation in that majority and I doubt that you doubt the truth of this. The majority of voting adults in this country feel very strongly about this issue and they have sent you a message.

Now not for a moment do I expect you to simply follow the whim of the majority; as MPs I helped to elect you to parliament because I expected you to do what you, hand on your heart, truly believe is right and I recognise that sometimes that might mean standing against the majority. That said, in considering what is right, I would hope you would rely on solid research, well reasoned arguments and consider the concerns of the people you represent. If you ignore the referendum message or pretend you do not understand it, you will not only become the epitome of what was despised about the government before you but more importantly you will leave us confused as to what the law is.

The state has a duty to ensure that the law is clear enough for the citizens to be able to understand it; if it is not then it is not just to demand their obedience to it. It is not enough to issue a clarificatory statement or guidelines to the public, police and relevant state agencies as to what the law really means as that affords us, the citizens, no certainty as to what it might mean in the future when you may no longer be governing us. If I find myself before a court or investigated by the police or a state agency it is the black letter of the law I should be able to reach for to know whether I stand on the side of guilt or innocence not some pamphlet or tv campaign or media release.

You didn’t write this law, you tried to save it, yet it still came out poorly drafted; now you have the power to make the law clear. In doing so I would hope you would consider the peer reviewed studies that differentiate between a light smack and abuse which show the former is not child abuse as this would enable you to listen to the referendum result and act on it.

With great respect for the very tough job you do and many kind regards,


Madeleine Flannagan

RELATED POSTS:
Fisking Margaret Mayman: The Flawed Moral Theology on the Smacking Referendum
Fisking Ian Hassall: The Arbitrary Ethical Reasoning on the Smacking Referendum
No Defences Permitted for the Accused
MandM Smacking Label

One command in the Old Testament which is frequently lampooned by sceptical readers is Leviticus 20:9,

If anyone curses his father or mother, he must be put to death. He has cursed his father or his mother, and his blood will be on his own head.

Some contend that that this passage commands the courts to execute small children who swear at their parents. Given such a command would be harsh and disproportionate, it is inferred the Old Testament here teaches something unjust and absurd.

There are several assumptions behind this reading of the Old Testament. First, it assumes the text is referring to the actions of children. Second, it assumes that the word “curse” refers to “swearing” at someone. Third, it assumes that the text constitutes a command to the courts to execute those who do this, which it is intended that the courts will carry out.

In a previous series, Capital Punishment in the Old Testament, I have addressed the third assumption; I noted that capital sanctions in the Old Testament were probably not intended to be carried out by the courts, rather they served an admonitory function and in practice the courts substituted capital punishment for a monetary fine to be paid to the victim. I also think the first assumption is questionable, though in this post I will not pursue this line of argument, instead I want to address the assumption at hand, the idea that “cursing,” when this word is used in the Old Testament, refers to swearing at someone.

The Hebrew word translated “curse” here is qalal which basically means to “despise or treat with contempt.” By itself this is somewhat vague and context is needed to determine what exactly it refers to. In their commentary on Exodus, Jonathan Walton and Victor Matthews note, “Contrary to the NIV translation, studies have shown that the infraction here is not cursing but treating with contempt. This is a more general category and would certainly include the prohibition of 21:15 which forbids striking a parent.” They go on to note that the commandment is intended to ensure, “that each subsequent generation provide their parents with the respect, food and protection they deserve.” The studies Walton and Matthews refer to are comparative studies of the Pentateuch with other ancient near eastern legal codes, which provide interesting information about the cultural and legal context into which the Old Testament spoke. Walton and Matthews note how “contempt for parents” was understood in ancient near eastern codes such as the Code of Hammurabi and various Sumerian laws. According to the case law of the time, contempt for one’s parents involved such things as disowning them when they were old and physically assaulting them; it was considered a serious legal matter.

This understanding of the word “curse” is borne out by its use elsewhere in scripture. In the proto-history flood story God states, “I will never again curse the ground for man's sake, although the imagination of man's heart is evil from his youth; nor will I again destroy every living thing as I have done.” Here “curse” is clearly not God swearing at the ground; the idea is that God treated the land with contempt by flooding it.

In Gen 12, God tells Abram, “I will bless those who bless you, And I will curse him who curses you; And in you all the families of the earth shall be blessed.” Here again the issue is not merely swearing; the word curse is antithetical to the word bless and the context tells us that Abram will bless all nations, this blessing involves bring salvation to the Gentiles. When the word “curse” is being used here then the idea is of people who express contempt for Israel by trying to harm them.

Perhaps the clearest example is seen in a similar context which occurs only a few verses before the one in Leviticus 20:4, this is the use of the word “curse” in Lev 19:14, “You shall not curse the deaf, nor put a stumbling block before the blind, but shall fear your God: I am the LORD.” Here cursing the deaf is condemned; the word translated “curse” is the same word used in Leviticus 20:4 and the context, grammar and genre are sufficiently similar to suggest the word is being used the same way. Yet it is evident, I think, that the word “curse” here does not mean swearing; the reason for this conclusion is that the command to “not curse the deaf” occurs alongside another command to not “put a stumbling block in front of the blind.” Given a blind person cannot see, putting a stumbling block in front of them could cause them to trip, fall and injure themselves. Hence, what is being condemned is an attempt to cause a person an injury. Hence, the command to “not curse the deaf” occurs alongside a command to not attempt to injure the blind.

What makes this significant is that, frequently in Hebrew literature, writers will use a method of parallelism whereby two clauses are placed side by side that have a similar meaning. It is clear from an examination of Leviticus 19 that a type of parallelism is being utilised in this chapter, consider the following examples from the immediate context,

10 Do not go over your vineyard a second time or pick up the grapes that have fallen. Leave them for the poor and the alien. I am the LORD your God.

12 Do not swear falsely by my name and so profane the name of your God. I am the LORD.

13 Do not defraud your neighbor or rob him. Do not hold back the wages of a hired man overnight.

15 Do not pervert justice; do not show partiality to the poor or favoritism to the great, but judge your neighbor fairly.

16 Do not go about spreading slander among your people. Do not do anything that endangers your neighbor's life. I am the LORD.

18 Do not seek revenge or bear a grudge against one of your people, but love your neighbor as yourself. I am the LORD.

In each instance above what is prohibited in the first half of the verse is the same type of action which is prohibited in the second half. In fact, in most cases what comes in the second half explains and illuminates what is forbidden in the first half. In v 10 what occurs side by side are gleaning and taking all the grapes from ones field leaving none for the poor. In v 13 defrauding is a kind of robbing and it is evident that the issue is withholding pay. In v 15 showing partiality to the poor is condemned then favouring the wealthy is too. In v 16 spreading slander is condemned alongside endangering a neighbours life (the concern with slander relates to the bearing false witness in a capital crime, which allows us to see the parallel here). In v 18 bearing a grudge and taking revenge are juxtaposted. The immediate context then suggests that when two commands occur side by side in the manner they do in v 14 that the commands address the same basic fundamental issue. Treating the disabled with contempt (cursing them) involves actions such as attempting to injure or harm them.

Two other lines of evidence suggest this; the first is the command in Leviticus 20:9, which is a repetition of the same command in Exodus 21, “If anyone curses his father or mother, he must be put to death. He has cursed his father or his mother, and his blood will be on his own head.” It is interesting to see the context that this law occurs in,

Anyone who strikes a man and kills him shall surely be put to death. However, if he does not do it intentionally, but God lets it happen, he is to flee to a place I will designate. But if a man schemes and kills another man deliberately, take him away from my altar and put him to death. Anyone who attacks his father or his mother must be put to death. Anyone who kidnaps another and either sells him or still has him when he is caught must be put to death. Anyone who curses his father or mother must be put to death. "If men quarrel and one hits the other with a stone or with his fist and he does not die but is confined to bed, the one who struck the blow will not be held responsible if the other gets up and walks around outside with his staff; however, he must pay the injured man for the loss of his time and see that he is completely healed. “If a man beats his male or female slave with a rod and the slave dies as a direct result, he must be punished, but he is not to be punished if the slave gets up after a day or two, since the slave is his silver.” If men who are fighting hit a pregnant woman and she gives birth prematurely but there is no serious injury, the offender must be fined whatever the woman's husband demands and the court allows. But if there is serious injury, you are to take life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise." If a man hits a manservant or maidservant in the eye and destroys it, he must let the servant go free to compensate for the eye. (Ex 21:12-26)

The command to, “put to death” a person “who curses his father or mother,” occurs in the midst of a series of commandments that all deal with violent assaults on other people. All the immediate verses deal with contempt expressed in violence in the form of assault, kidnapping or homicide. Clearly, the kind of contempt being expressed here is, if one takes the context seriously, more than simply a verbal insult.

The second and perhaps for Christians, more important line of evidence is that Christ himself cites this passage. In Matthew 15 Christ is challenged by the Pharisees as to why he does not follow certain oral traditions about washing. His response is to go on the counter attack,

Jesus replied, "And why do you break the command of God for the sake of your tradition? For God said, 'Honor your father and mother' and 'Anyone who curses his father or mother must be put to death.'But you say that if a man says to his father or mother, 'Whatever help you might otherwise have received from me is a gift devoted to God,' he is not to 'honor his father ' with it. Thus you nullify the word of God for the sake of your tradition. (Matthew 15:3-6)

Here Jesus cites the command about not cursing one’s parents and applies it not to swearing but to attempts to escape the duty to provide for one’s aged parents by devoting the money to the temple. Jesus contends that traditions that sanction such subterfuge violate the command to not curse one’s parents. He clearly understands the command in terms of contempt and in terms of the kind of case law Walton and Matthews refer to. It is worth bearing in mind that in an ancient society like this, with no state superannuation, failure to provide for one’s parents in their old age could have terrible results. Hence, far from being unjust or absurd the commandment is quite understandable.

[1] Jonathan Walton and Victor Matthews “The IVP Bible Background Commentary: Genesis Deuteronomy” (Downers Grove Il: Intervarsity Press) 112.
[2] Ibid 113.

Fantastic news! Yesterday the Education (Freedom of Association) Amendment Bill 75/1 was drawn from the ballot. Sponsored by ACT's Sir Roger Douglas, the explanatory note states:

The purpose of this Bill is to uphold students’ right to freedom of association, by ensuring that no student is compelled to join a students association.

Section 17 of the New Zealand Bill of Rights Act 1990 guarantees the right to freedom of association. This right includes the freedom from compelled association. Parliament has an obligation to ensure New Zealand legislation is consistent with the New Zealand Bill of Rights Act and New Zealand’s obligations under the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights.

This Bill does not seek to damage or limit students associations, but guarantees the right of students to the freedom of association. It will result in students associations being truly representative of the students who voluntarily join them.

Under this Bill, all students would be able to choose whether or not to join a students association. The current Act requires councils to conduct a referendum to decide if all students should be forced to become members of an association, if petitioned by 10% of the students enrolled at the institution. If a majority of voters in a referendum support compulsory membership, then the right to freedom of association for the all remaining students is breached.

This Bill seeks to address the negative consequences stemming from the passing of the Education Amendment Act 2000 and the referenda provisions of the Education (Tertiary Students Association Voluntary Membership) Amendment Act 1997. The current legislation fails to guarantee individual students a satisfactory opportunity to withdraw from associations, and sets the bar too high for those who wish to make membership of a students association voluntary.

The link above will take you to a pdf of the Bill as hosted by Salient (Blogger does not permit me to upload attachments). As former President and Vice-President of the Waikato Students Union during its brief stint as a voluntary association, Matt and I are extremely pleased that this bill is on the table and we urge the government to back it.

The only thing I would want to fiddle with is clause 6 to make sure it is really clear that the voluntary membership model at the University of Auckland, where I currently study, is not able to continue. It is effectively compulsory funding but voluntary membership and almost all the problems of compulsory associations remain as a result. It appears that clause 6 of this Bill is intended to address this,

6 New section 229 substituted

Section 229 is repealed and the following section substituted:

“229 Voluntary membership of students associations

“(1) No person, including any tertiary institution or any association of students, may require any student or exert undue influence on any student –

“(a) to become or not become a member of any association of students; or
“(b) to pay any money to any association of students, or to any other person in lieu of such fees.

“(2) No person, including any tertiary institution, may act in any way which conflicts with the sprit and intent of this section.” [sic]

However, at Auckland no student directly has to pay any money to the student association. The money is taken from student levies and payed via a service agreement to the association. I worry that as written this clause might permit that to continue. Still such things can always be fiddled with during the select committee process or via supplementary order papers if the Bill goes that far.

MandM have officially joined the ranks of New Zealand blogs with print columns; Kiwiblog's David Farrar writes for the NBR, Cactus Kate writes for The Dominion Post and now MandM write for Investigate Magazine - you can now get your MandM fix both online and at your magazine stand!

Pick up this month's edition of Investigate Magazine, available now, turn to page 28 and you will find it features a new column, Contra Mundum, authored by Matt.

Contra Mundum is Latin for 'against the world;' the phrase is usually attributed to Athanasius who was exiled for defending Christian orthodoxy. September 09's Contra Mundum is entitled "What's wrong with imposing your beliefs onto others?" In it Matt cites feminist bio-ethicist, Leslie Cannold, frequent MandM commenter and blogger, atheist scientist Ken Perrott of Open Parachute and argues the case that it is not always wrong to impose religious beliefs onto others.

Get your copy today or just subscribe so you don't miss any columns (I should get commission for sales LOL!).

The Philosophy Carnival XCV is now online.

Matt's post on Walter Sinnott-Armstrong on God, Morality and Arbitrariness was featured, albeit with a rather questionable introductory write-up; keep an eye on the comments at both links for some interesting debate.

On 29 March 1982 Iron Maiden released the album The Number of the Beast; this album’s self-titled song was to become one of the most influential heavy metal songs of all time and stirred up a firestorm of controversy. Apparently Iron Maiden’s bassist, Steve Harris, had been up late one night watching Damian: Omen II, which is a fictional movie about a boy called Damian who is the predicted anti-christ and has 666 tattooed into his head. The movie caused Harris to have a nightmare which inspired the lyrics. Iron Maiden’s song in many ways epitomises how the book of Revelation is understood in contemporary culture. The idea is that it predicts a future person, the anti-christ, who will take over the world. Associated with this person is the number 666 which is literally tattooed into people’s heads or (in more sophisticated versions) is placed inside the code of a micro-chip which is placed in people’s hands and foreheads or is encoded in barcodes. The inspiration for this story is the picture of two beasts described in the 13th chapter of Revelation. In this post I want to argue that this picture is mistaken and that what the two beasts tell us is something very different to Iron Maiden’s imagery but something nevertheless important.

The first beast is introduced in chapter 13,

The second beast is introduced a few verses later.

Most English translations mention the number 666, this is an accurate translation of the number contained in many Greek manuscripts of the New Testament; lesser known, is that some manuscripts contain the number 616 (the significance of this will be explored later). Here I will simply note that the passages quoted above clearly contain imagery; no one, to my knowledge, understands them to refer to an actual seven-headed monster.

What is less appreciated is that in this type of genre, an ancient style of writing called Apocalyptic writings, much of the imagery is well known and can fairly straightforwardly be interpreted. I cannot go into everything here so will sketch a few highlights. The first beast is said to [1] get its authority from the dragon, [2] resemble a leopard, a bear and a lion, [3] have 7 heads and 10 horns, we know also that [4] everyone will worship this beast and no one can defeat it in battle. I will suggest that when one examines this imagery, by looking at its use elsewhere in the same genre, one can get a reasonably accurate picture of what the author is getting at.

The first point [1] is fairly straightforward. The dragon, is identified as “the ancient serpent.” The allusion here is to the story of Adam and Eve in the first three chapters of Genesis; there the serpent is a crafty creature that tempts Adam and Eve to try to be like God and encourages them to disobey God’s commands. The imagery in [2] is also familiar, the picture comes from the book of Daniel,

The picture here is very similar to that in Rev 13 except here there are four beasts, whereas the first beast in the book of Revelation is a composite of all of them; the imagery is explicitly interpreted and explained by Daniel;

The lion, leopard and bear in Daniel therefore symbolise kingdoms and are probably a reference to the Babylonian, Medio-Persian and Macedonian empires respectively. In Revelation 13, the first beast is a world empire of some sort, [4] tells us it is an empire that is being worshipped and which no one can defeat in battle.

This leaves [3] which gives us a more precise identification; this symbolism is again explained elsewhere in the scriptures, specifically in Revelation 17:9-14;

Here we are told what the seven heads and ten horns symbolise; the seven heads have a two-fold meaning. First they “are seven hills on which the woman sits,” the women in context symbolises a city. An ancient reader would have immediately got the point; in the first century Rome was famous for being a city built on seven hills. The world empire then is identified as the roman empire.

Second, the seven heads symbolise “seven kings. Five have fallen, one is, the other has not yet come; but when he does come, he must remain for a little while.” If one follows the order of Suetonius and other forms of apocalyptic literature such as The Orac Sibyl 5:12 and II Esd 12.15, the first king of Rome was Julius Caesar, the second was Augustus, the third Tiberius, the fourth Caligula, the fifth was Claudius, the sixth who “now is” would then be Nero Caesar, the seventh who “has not yet come” but who will “remain for a little while” would be Galba who reigned for seven months.

Interestingly, Nero was called “the beast” by some of his contemporaries. John AT Robinson notes that he established the emperor cult in Rome setting up a statute of himself; in his time the emperor and the empire were worshipped as Gods.[1]

The first beast then was not some future anti-christ leading a coalition of nations that one sees in Hollywood movies, it refers to the Roman Empire represented in the person of Nero at the time of John’s writing.

This also sheds light of the infamous number of the beast. In Greek and Latin the letters and numbers are interchangeable; for this reason one can add up the letters of peoples names to get numerical figures that stand for their name. In Hebrew writings a system of Gematria developed (though it is also found in Greek and Roman writings) whereby a person would assign a numerical value to a word or phrase. Interestingly when the Greek word Nero Caesar is translated into Hebrew the system of Gematria yields the number 666. If one transliterates the Latin instead of the Greek one gets 616; not only then does Nero fit the picture given in the text and make a historically plausible candidate for the “number of the beast” but this account also explains why some manuscripts have 666 and others 616. In the first century, Greek was the international language of the Roman Empire and was native to much of the eastern empire. Latin, however, was the language of the Romans. If the beast was Nero then it makes sense that some communities would cite his name in Greek and others would use Latin.

These insights make it evident as to what the second beast of Revelation 13 refers to; the second beast has “two horns like a lamb, but he spoke like a dragon.” The lamb in Revelation refers to Christ; this is an institution that appears to speak on behalf of God but in fact tempts people into doing wrong. It exercises “all the authority of the first beast on his behalf, and made the earth and its inhabitants worship the first beast” suggesting it was in fact acting on behalf of the Roman Empire advocating that people worship the emperor. The reference to a mark on one’s hand and forehead is used in the Old Testament frequently as an idiom for devotion and appears to be used in this way in the very next verse in Revelation 14:1. What the text does then is warn against false prophets who, claiming to speak on behalf of God, command people to worship the state.

When one examines Revelation understanding its genre as apocalyptic genre, a literary style that is highly symbolic which uses stock symbols drawn from elsewhere in the Old Testament and pays attention to the symbols used then Revelation 13 does not teach the existence of a future anti-christ who implants the number 666 into people or advocates the kind satanic rituals described by Iron Maiden. What it teaches is that the state can be satanic; while Romans 13 teaches that the state is God’s servant, that it has legitimate authority to punish wrongdoing and commend those who do good, Revelation 13 warns that when the state makes itself into an empire, dominants the world by military power and demands absolute allegiance and devotion from human beings, it is satanic; it tempts human beings to be like God. Religious organisations that advocate this sort of statism may appear Christian but in fact are a dangerous temptation. Fidelity to God may mean refusing to give absolute obedience and allegiance to human rulers. This I think is an important message, one that should not be clouded or distorted by fantastic stores about future anti-christs, world governments, micro chips and barcodes.

[1] John AT Robinson Redating the New Testament (London: SCM Press, 1975) 236.

The Top 10 New Zealand Christian Blogs for June 09 are as follows:

1. [1.] NZ Conservative 16.5 (7 - 26 )

2. [3.] MandM 17 (5 - 29)

3. [2.] MacDoctor Moments 18 (21 - 15)

4. [4.] Something Should Go Here, Maybe Later (HalfDone) 20 (15 - 25)

5= [5.] Keeping Stock 31 (28 - 34)

5= [7.] Being Frank 31 (40 - 22)

6. [6.] Say Hello to my Little Friend (Beretta Blog) 32.5 (29 - 36)

7. [8.] The Humanitarian Chronicle 36 (25 - 47)

8. [10.] Sustain:If:Able Kiwi 47 (50 - 44)

9. [9.] The Briefing Room 53.5 (54 - 53)
10. [N.] Contra Celsum 62 (55 - 69)

Rank. [previous top 10 rank] Blog MandM (Half Done - Tumeke)

To obtain our stats we run searches on Half Done's June 09 NZ stats and Tumeke's June 09 NZ stats for openly Christian blogs then we average those blogs scores to obtain their overall scores. If you think your blog should make our rankings make sure you are listed on both Tumeke and HalfDone's rankings as an identifiably Christian blog.

I saw this quote while Madeleine was Stumbling and thought it was excellent and worthy of sharing:

The Challenge Weekly has written an article on the recent Faith and Science Conference I participated in. Apart from the unfortunate title, "Conference fuels controversy" which gives a false impression of the largely collegial atmosphere, the mis-characterisation of certain views as deism and the omission of a mention of Dr Jeff Tallon's memorable talk it is a reasonable report on the papers given.

Extracts below:

CHRISTIAN scientists and theologians expressed their belief at a conference in Auckland recently that they believed in evolution, and that the universe, earth and life were millions of years old. However, they made it clear that evolution did not remove the need for God's existence. Some of the presenters said they believed God had "intervened" or had more of a hands-on approach at points in evolution, while others held a view more in line with Deism - that God had set up the physical laws (natural law) of the universe and since then let the universe and nature run by itself. Several of the presenters affirmed that humans had descended from a primitive species of ape-like creatures which lived before humans and the present-day ape family.

These controversial claims were made at a full-day seminar, entitled "Faithful Science" at Northcote Baptist Church, North Shore, on August 1. The event was attended by about 200 people of all ages and featured nine speakers. The conference was run by TANSAA (Theology and the Natural Sciences in Aotearoa Auckland.) Presenters the Rev Dale Campbell of Northcote Baptist Church and the Rev Dr Graham O'Brien who is on the InterChurch Bioethics Council, spoke of how they deal pastorally with people, particularly young people. Many people they said had questions and their own struggles or doubt regarding what to believe about God in relation to creationism, and the theory of evolution.

Mr Campbell said evolution "loads people down; they are expected to carry problems if they feel they can't believe in it. "Dealing with evolution-creation conflict can distract people from the main issue of sharing the gospel and doing [God's work]. There are so many important issues which need to be dealt with by Christians and the Church". Dr O'Brien said the process of evolution was true as "it scientifically accounts for natural selection, Mendelian inheritance, molecular biology, cosmology and the age of the universe, principles of physics, and geology including plate tectonics".

Yael Klangwisa, a lecturer in world-view studies at Laidlaw College, said the stories of creation, Adam and Eve, and the fall in Genesis were symbolic, and tended towards a poetic-style when read in Hebrew. She said it was essential to read Genesis using linguistic and cultural tools and analysis, and in the figurative or metaphoric way it was written, rather than taking or reading it in a literal sense. Dr Graeme Finlay, a senior lecturer in molecular medicine and pathology who gave a message entitled "Just a Glorified Ape?" maintained that humans could be seen genetically to be strongly related to the various species in the ape family such as orangutans and gorillas. Dr Matt Flannagan, an adjunct lecturer at Laidlaw and Bethlehem Tertiary Institute rounded off the seminar with his topic on "Does Evolution make Belief in God Untenable?" Dr Flannagan said "evolution does not, if it's true, disprove God." ...

Here are the top 10 NZ Christian blogs based on Tumeke's NZ blog stats for June; these stats are used in the calculations for the MandM top 10 NZ Christian Blog rankings for June 09:

The July 09 edition of the Christian Libertarian Blog Carnival is now online. It is worth a peruse if you want to find some interesting reading material and discover some new blogs.

Matt's two posts on Evolution should not be taught in State Schools: A Defence of Plantinga were featured.

The central event in the Old Testament is the enactment of the Mosaic Covenant. God and Israel (the descendants of Jacob, the grandson of Abraham) entered into a covenant during the time of Moses where Israel promised to worship God and obey his laws and God promised to give them land and protection. The covenant set Israel apart as a holy nation of priests through which the rest of the world would come to know God.

The following is an introduction or overview of the Mosaic Covenant that I wrote for the De La Salle College Religious Education program.

The Mosaic Covenant is first mentioned in Exodus 19-40. It was initially made at Mount Sinai, just after Israel’s liberation from slavery in Egypt. Renewals of it occurred on the plains of Moab 40 years later, just before Moses’ death (Deuteronomy 1-28) and again, after Moses’ death under the leadership of Joshua at Mount Ebal (Joshua 8) and also at Shechem (Joshua 24).

The exact date of these events is subject to some debate. Some scholars date the Exodus in the fifteenth century based on a fairly straight-forward reading of the statement in 1 Kings 6:1 which places the Exodus 480 years before Solomon began building the temple. This would place the Exodus and covenant at Sinai around 1440 BCE. Others note that ancient dating systems like that in 1 Kings were not meant to be interpreted literally and suggest that the number 40 symbolises a generation. They work with known facts about Egypt, such as the existence of particular Egyptian cities and compare how these fit with descriptions in the book of Exodus alongside the style in which the Covenant was written; these scholars place usually associate the Exodus with the reign of Ramses II in the 13th century BCE.

Historical studies of ancient documents strongly suggest that the Mosaic Covenant, as recorded in the bible, takes the form of a suzerainty or vassal treaty. A vassal treaty was a treaty or covenant between two parties of unequal social status, normally a powerful ruler and weaker land holder (the vassal). Occasionally, a village or nation that was being threatened or oppressed by a neighbouring king would enter into a vassal treaty with a great king to free themselves from this oppression.

After freeing them the king would offer protection to the vassal nation guaranteeing them control over their own property. In exchange the vassal nation would acknowledge the king as their sole legitimate ruler, swear exclusive loyalty and allegiance, agree to make no alliances to other kings and promise to obey his laws. If the smaller nation did not keep their part of the agreement then the great king would be free to not keep his part and they would no longer be protected from invading enemies.

From the period 1400-1200 BC vassal treaties were written in a certain style or genre. This consists of six parts:

[1] The title and or preamble.
[2] An historical prologue that set out the history between the vassal and the King, usually referring to the King’s generous liberation of the vassal from oppression by another king.
[3] Stipulations or laws that the vassal was required to follow.
[4] Instructions regarding the storage and regular reading of the treaty.
[5] Witnesses to the agreement.
[6] Curses for disobedience to the terms of the treaty and blessings for following them.

The biblical records of the Mosaic Covenant fit this genre:

Treaty Parts	Exodus	Deuteronomy	Joshua
1. Title / preamble	Exod 20:1	Deut 1:1-5	Josh 24:2
2. Historical prologue	Exod 20:2	Deut 1:6-3:29	Josh 24:2-13
3. Stipulations / laws	Exod 20:3-17 - Basic 10 commandments Exod 21-23, 25-31 - Detailed stipulations	Deut 5 - Basic 10 commandments Deut 6-26 - Detailed stipulations	Josh 24:14-15, 25
4a. Storing text	Exod 25:6	Deut 31:9, 24-26	Josh 24:26
4b. Reading text	Exod 24:7	Deut 31:9-13
5. Witnesses	Exod 24:4	Deut 31:19-22,26 Deut 32	Josh 24:22, 27
6a. Blessings	Exod 23:20-31	Deut 28:1-14	Josh 24:20
6b. Curses		Deut 28:15-68	Josh 24:19-20

Understanding the Mosaic covenant as a vassal treaty between God and Israel is helpful in understanding the covenant itself:

After freeing the Israelites from an oppressive king (Pharaoh), God promises to protect Israel and guarantees them control over the land of Canaan. In exchange, Israel acknowledges God as their sole legitimate God, swear exclusive loyalty and allegiance, agree to make no alliances to other kings and promise to obey his laws. If Israel did not keep their part of the agreement then God would remove his protection and Israel could be invaded and enslaved again by neighbouring armies. The remaining history of Israel as recorded in the Old Testament is seen in this light; Israel disobeyed God and reneged on their part, they were conquered and enslaved by invading armies.

An important aspect of the covenant is that Israel was informed that if they kept it then “out of all nations” [they] “will be for me a kingdom of priests and a holy nation.” This suggests that part of the Covenant involved Israel taking on a special role as priests.

There are two signs typically associated with the Mosaic Covenant and the special role that Israel was granted by it. First was the Sabbath; Exodus 31 told Israel to observe the Sabbath and that it “will be a sign between me and the Israelites forever.” The second was the special food laws; in the covenant God made with the whole world through Noah God had allowed people to eat any animal for food. However, in Deuteronomy 14, because of their special status as a holy nation, different from all the other nations of the world, Israel were forbidden from eating certain types of meat. Sabbath observance and the observance of the food laws came to be seen by the Jews as special signs of the Mosaic Covenant between Israel and God.

Does Evolution make belief in God untenable? At the recent conference, Faithful Science? – Just How Well Do Science and Faith Get Along? I presented a paper examining this question.[1] This blog series has grown from that paper and the discussions I had with the theologians and scientists in attendance at the conference.

It is commonly argued that darwinian evolution renders belief in God rationally untenable because it refutes the teleological argument, commonly referred to as the argument from design. Darwin himself suggested this in his autobiography;

John Dupre adds, “Darwinism undermines the only remotely plausible reason for believing in God.”[3]

However, this purported refutation of theism is far too quick for several reasons. First, the claim that darwinian evolution refutes the teleological argument is false. There are several different versions of teleological arguments. What is arguably true is that it undercuts one particular version, that proposed by William Paley in Natural Theology. Although, in a recent study Del Ratzsch has suggested Paley’s argument has in fact been misunderstood and when these misunderstandings are stripped away it is not clear that discovery of the laws of natural selection do refute it.[4] Nevertheless, to rebut one particular teleological argument is not to undercut them all.

To justify the inference that darwinian evolution refutes teleological arguments one would need to show that darwinian evolution provides grounds for rejecting all such arguments. It does not. If one focuses on the contemporary literature, it is evident that there are currently several teleological arguments from design that are untouched by darwinism which are being seriously defended in the literature. These arguments may or may not be sound but whether they are or not has nothing to with darwinian evolution.

Two examples will suffice to illustrate this; the first is the teleological argument proposed and defended by Richard Swinburne in The Existence of God. Swinburne proposed an inductive teleological argument based on “The orderliness of the universe.” Swinburne elaborates what he means by this;

Swinburne argues that theism explains this order and that its existence increases theism’s probability. Regardless of the merits of Swinburne’s argument, it is evident that darwinian evolution does not refute it. This is because darwinism, far from explaining away such laws, actually assumes their existence;

The second example is the teleological argument defended more recently by Robin Collins. Robin Collins appeals to the existence of what has been dubbed cosmic fine-tuning, the contention that, “Almost everything about the basic structure of the universe--for example, the fundamental laws and parameters of physics and the initial distribution of matter and energy--is balanced on a razor’s edge for life to occur.”[5] Frances Collins explains that for life to evolve there are around 15 constants necessary, each must have precise values and if they were off by a million or one in a million, life could not evolve.[6] Robin Collins argues that this fine-tuning is significantly more probable if theism is true than if atheism is true and hence confirms theism over atheism.

I do not here wish to go defend (or criticise) this argument in any depth, my point is simply that darwinian evolution does not refute it. This is because the cosmic fine-tuning argument appeals to the conditions needed for life to evolve. The fine-tuning both Collins’ refer to are preconditions for the evolution of life to occur. As they are preconditions, evolution can hardly provide an explanation for this at all; even if it could, it is not clear that this would show that the probability of such fine-tuning occurring if atheism were true is as probable as it occurring on the background hypothesis of theism’s truth.

Hence, darwinian evolution does not undercut teleological arguments. It is worth noting that even it did then the conclusion that Dupre and Darwin draw, that theism is rationally unwarranted, does not follow. Even if all versions of teleological arguments were refuted by Darwin, it does not follow that all the other arguments for God’s existence are undercut; even if they were, it could be the case that belief in God is justified independently of any argument. Let me briefly elaborate on both these ideas.

The first, Dupre’s suggestion that the argument from design is the only plausible ground for believing in God, is simply false. In Two Dozen or So Theistic Arguments Alvin Plantinga sketched 26 arguments for God’s existence currently being defended in the literature. Earlier this year, Blackwell published the Blackwell Encyclopaedia to Natural Theology which contains current versions of 11 arguments used to defend the existence of God in the literature today. While the cogency of these arguments remains, like most philosophical claims, a subject of substantive debate it is undisputed that they exist and have been give serious and sophisticated advocacy from competent philosophers. To rebut them then requires serious philosophical argument not assertion.

The suggestion then that a refutation of all teleological arguments dismantles the case for theism is false. A true refutation of the plausible grounds for theism would involve a detailed rebuttal of all of the arguments for theism, not just commentary on one type.

Even if it were the case that teleological arguments were the only arguments for the existence of God, it does not follow that their failure would undercut the rational acceptability of theism. Such an assertion assumes that theism is rationally justified only if there is a good argument for it. It is widely acknowledged in epistemology that not all beliefs need to be demonstrated by argument to be rational. To claim they do creates a regress problem;

To avoid this problem an influential movement in epistemology known as foundationalism maintains that at the base or foundation of one’s noetic structure are beliefs that one is justified in believing independently of any argument. These are called properly basic beliefs. Since the late 1970’s an extremely important movement within Philosophy of Religion, known as the reformed epistemology movement, has offered detailed and rigorous defences of the contention that for theists, belief in God can be a properly-basic belief. The most important defender of this position is Alvin Plantinga, though many others such as William Alston and Nicholas Wolterstorff have defended similar views. Plantinga notes the implication of this movement, “The demise of the teleological argument, if indeed evolution has compromised it, is little more of a threat to rational belief in God than the demise of the argument from analogy for other minds is to rational belief in other minds.”[8]

It seems then that the claim that evolution undercuts teleological arguments is a non starter. Even if it were true, this conclusion only has significance if all other arguments for God’s existence are also refuted and an argument can be provided that shows that belief in God is not properly-basic. This would require significant philosophical work, over and above, any appeal to natural selection. It is evident then that by itself, darwinian evolution would prove very little except, at best, that one 19th century argument by Paley might be unsuccessful.

[1] I am grateful to Alvin Plantinga who sent me a copy of his unpublished paper, “Science and Religion: Where Does the Conflict Really Lie?” which was extremely helpful in formulating my thoughts.
[2] Charles Darwin Life and Letters of Charles Darwin ed Francis Darwin (NY: D. Appleton, 1887) Vol. 1 279.
[3] John Dupre Darwin’s Legacy (New York: Oxford University Press, 2003) 56.
[4] Del Ratzsch Teleological Arguments for God's Existence Stanford Encyclopedia of Philosophy.
[5] Robin Collins “God, Design, and Fine-Tuning” originally published in God Matters: Readings in the Philosophy of Religion eds Raymond Martin and Christopher Bernard (New York: Longman Press, 2002).
[6] Frances Collins The Language of God: A Scientist Presents Evidence for the Existence of God (Free Press, 2006) 75.
[7] Roy Clouser Knowing With the Heart (IVP, Downers Grove, 1999) 69.
[8] Alvin Plantinga “Science and Religion: Where Does the Conflict Really Lie?” (unpublished).

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