Thursday, August 3, 2017

Morality & Law

Every law springs from a system of values and beliefs. In other words, every law is an instance of legislating morality. As a matter of fact, because a nation’s laws have teaching influence, law inescapably exerts a shaping effect over the beliefs, character, and actions of the nation’s citizens.

In his article, “Law and Morality” (Christian Research Journal - Volume 21, Number 3) Michael Baunam contends that “those who seek to separate morality from law are in pursuit both of the impossible and the destructive.”

That pursuit appears to be evident with the resurgence of the conversation on the Buggery Law in Jamaica. One newspaper headlined an article, “Buggery Splits Church...”. Both the Jamaica Evangelical Alliance and the Jamaica Council of Churches have been drawn into the conversation. That became necessary because two key leaders from both church bodies have made statements that seem to challenge government’s right to legislate an area of morality.

Does a government really have the right to legislate morality? All laws, regardless of their content or their intent, arise from a system of values, from a belief that some things are right and others wrong, that some things are good and others bad, that some things are better and others worse. For better or worse, every piece of legislation touches directly or indirectly on moral issues, or is based on moral judgments and evaluations concerning what it is we want or believe ought to be, what it is we want or believe we ought to produce and preserve.

Morality speaks of a system of behavior regarding standards of right or wrong behavior. The late Christian scholar C.S. Lewis defines morality as it relates to our behavior on three levels: (1) to ensure fair play and harmony between individuals; (2) to help make us good people to have a good society; and (3) to keep us in a good relationship with the power that created us. Based on this definition, it's clear that our beliefs are critical to our moral behavior.

However, moral behavior presupposes a standard by which that behavior is determined. C.S. Lewis believes that standard was set by our Creator. An historical overview of Jamaica’s buggery law would seem to suggest the same.

The British Buggery Act of 1533, from which Jamaica’s law immerged, was an Act of Parliament that was passed during the reign of Henry VIII. It was England’s first civil sodomy law. Prior to enacting this law, such offences were dealt with by the ecclesiastical or church courts. The 1533 Act defined buggery as “an unnatural sexual act against the will of God and man.”

Jamaica’s “Offences Against the Person Act” refers to buggery as “anal sex between a man and another man, a woman or an animal”. Contrary to popular belief, the Act is against ‘homosexual acts’ and not against homosexuality, which is sexual attraction to people of one’s own sex or gender. In other words, the Jamaican Act legislates against behavior, not attraction.

Consider the nature of civil law. Through the threat of force, these laws constrain or require actions. Such laws are not akin to scientific laws which describe the patterns found in nature. Civil laws prescribe behaviors. Some moral standard or moral vision lies behind all civil laws. They do not appear out of nothing, and they are not morally neutral.

Civil law will not make anyone good. Moral character cannot be legislated. But laws that are just make people less likely to do what is bad for society. And governments have an obligation to do what is right or good for society.

One of the central purposes of the government is to enforce the law. The government remains the prime custodian of people's values. Ethics and moral values have a great influence on the operation of the society. It is therefore true that the government exercises control over the society. This is true considering the task of enforcing laws.

Governments enforce civil laws against pedophilia, paraphilia and other deviant forms of sexual activity. When governments fail to enforce such just laws, citizens resort to their own system of justice. Such failure on the part of governments produce vigilante groups.

The Bible encourages us to pray for governments. Governments must protect citizens from evil and promote good, and we are even instructed to pay taxes for those purposes (Romans 13:4).

Wednesday, January 25, 2017

An Education in Civics

(by David Barton – WallBuilders)

The Inauguration of Donald Trump was remarkable in many ways, not the least of which was that six different individuals offered prayers, with four of those prayers ending in Jesus’ name and the other two openly quoting from the Bible. Ministers were once again allowed to pray according to the dictates of their own conscience, as originally intended by the US Constitution.

Another unique feature of his Inauguration was the large number of protesters present. Most were Millennials, and while some focused on single subjects, others were still protesting the general election results. Among the latter group, a common protest sign was, “Trump is not my president.” But that statement says more about our education system than it does about those who held the signs. It affirms the failure of American education in four areas: American history, government, Constitution, and truth.

First, the sign was intended to express their outrage over the fact that Hillary Clinton won the popular vote by 2.9 million votes but lost the presidency—an outcome they believed was unprecedented in the history of American elections. Only it wasn’t. The identical thing has happened in several other presidential elections. Shame on schools for not teaching basic American history and why such outcomes occur.

Second, the message on the sign was rooted in the protestors’ mistaken belief that America is a democracy. But we are not. Those who formed our government hated democracies and wisely protected us from them. For example, James Madison affirmed that “democracies have ever been spectacles of turbulence and contention [and] incompatible with personal security or the rights of property.”

Founder Fisher Ames warned, “A democracy is a volcano which conceals the fiery materials of its own destruction,” and John Adams lamented that democracies “never lasts long.” For thousands of years, democracies have consistently proved to be a source of lurking disaster—an unpredictable form of government where passions and selfishness can prevail over reason and deliberation.

America was therefore established as a constitutional republic—what John Adams described as “a government of laws and not of men.” Shame on schools for not teaching basic American government.

Third, the “Trump is not my president” sign affirmed their unawareness of how presidents are to be elected according to the Constitution—an election process that mirrors our federal bicameral system. For example, Wyoming has half-a-million citizens, but California has 39 million. So, in the US House, Wyoming gets only one Congressman while California gets fifty-three, and California will beat Wyoming on every vote in the House. 

But in the Senate, California gets only two Senators—the same as Wyoming; the representation is solely by state, and every state has equal voting strength with all others. This is a prominent feature in our federal system. A bill is not passed merely by the House, which reflects the popular vote; it also must be passed in the Senate, which reflects the vote by states.

The protesters believe that only the national popular vote matters. But even though Mrs. Clinton garnered the votes of most of the largest cities in America, she did not win the majority of the states, cities, or counties. In fact, Trump won 30 of the 50 states, more than 80% of America’s 3,141 counties, and an equally lop-sided percentage of its 35,000 cities. The protestors were unaware (as are most Americans) that the Constitution establishes an election system that balances diverse measurements.

Finally, the declaration that “Trump is not my president” establishes a personal opinion as the ultimate measure of right and wrong—that truth is whatever I believe or declare it to be. But the problem with this is that there are absolutes. Jump off the Empire State Building and see what happens. On the way down you may personally object to what is happening, or be offended by it, or even vehemently disagree with it, but none of that will change the results. There is no alternate reality - none.

It’s time that Americans demand that their schools once again teach American history (so students know that the popular vote winner does not always win the presidential election), American government (so they know we are a republic and not a democracy), the Constitution (so they understand our bicameral federal and election system), and absolute truth (that personal opinion must submit to truth and reality).

If we don’t make these changes, we will not want to imagine, much less experience, the horrifying results from Abraham Lincoln’s warning that “The philosophy of the schoolroom in one generation will be the philosophy of government in the next.”

(My thanks to WallBuilders and David Barton for allowing me to publish this article.)

Tuesday, January 17, 2017

MARTIN LUTHER KING, JR.: His Letter from Prison

I just finished reading two letters. Both letters were written in April 1963. The first entitled, “A Call for Unity”, was written by eight Alabama clergymen to Dr. Martin Luther King, Jr. The second letter was Dr. King’s reply, entitled, “Letter from a Birmingham Jail”.

Allow me to provide the background that warranted the writing of the letters. African Americans were living under some of the most horrendous conditions. Their churches and homes were being firebombed. Jim Crow laws prevented them from sharing with whites in various public settings - their sense of worth was denied.

Civil rights leaders peacefully protested the injustices of segregation. In order to protest, even peacefully, it was necessary to break Alabama’s segregation laws. In responding to this situation, the eight clergymen wrote to Dr. King. Their letter was “an appeal for law and order and common sense.”

They asked for the discontinuation of the protests. They cautioned that the demonstrations were providing opportunities for others to become violent. Hence, in order to avoid possible violence, discontinue the demonstrations; obey the law and resort to dialog with the authorities.

Dr. King’s response from the Birmingham City Jail should be read by everyone interested in civil discourse. The spirit and tone of the letter is a lesson in civility and Christian grace. As he came to the end of the ten-page document (single-space), he said, “If I have said anything in this letter that overstates the truth and indicates an unreasonable impatience, I beg you to forgive me. If I have said anything that understates the truth and indicates my having a patience that allows me to settle for anything less than brotherhood, I beg God to forgive me.”

Other than the tone of the letter, Dr. King’s response was well-reasoned, biblical and sensitive to needs of hurting people. Although he never challenged the good intentions of the clergymen, he clearly challenged their devotion to “order” at the expense of “justice”. In essence, the clergymen were asking that their peace be maintained, as peace was delayed and denied for others.

The clergymen believed Dr. King’s peaceful demonstrations were tantamount to extremism. To this charge, he reminded them that Jesus was an extremist for love. He called for a radical reaction to opposition – “Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you, and persecute you” (Matthew 5:43-44).

As though that were not radical enough, Dr. King went on to cite the Old Testament prophet Amos. He was an extremist for justice when he said, “Let justice roll down like waters and righteousness like an ever-flowing stream” (Amos 5:24).

For Dr. King, the issue was not merely being branded as extremist, “but rather, what kind of extremists we will be.” He went on to ask, “Will we be extremists for the preservation of injustice or for the extension of justice?”

Quoting St. Thomas Aquinas, Dr. King contended, “any law that uplifts human personality is just. Any law that degrades human personality is unjust.” As such, all segregation laws were unjust – they damaged human personality. “Segregation gives the segregator a false sense of superiority and the segregated a false sense of inferiority.”

Here we are, almost 44 years since those letters were written and no one cares to know the names of those clergymen. However, Dr. King’s name and contribution are known around the world – as a matter of fact, to be able to honor his birthday with a national holiday speaks volumes.

In an article on the meaning of the holiday, the King Center website states that “the King holiday honors the life and contributions of America’s greatest champion of racial justice and equality, the leader who not only dreamed of a color-blind society, but who also lead a movement that achieved historic reforms to help make it a reality.”

Today we commemorate Dr. King’s great dream of a vibrant, multiracial nation united in justice, peace and reconciliation; a nation that has a place at the table for children of every race and room at the inn for every needy child. We are called on this holiday, not merely to honor, but to celebrate the values of equality, tolerance and interracial sister and brotherhood King so compellingly expressed in his great dream for America.

This year’s celebrations coincide with the ending of two terms of service by the first black president of the United States – what a tribute to Dr. King.