Categories
Law and Policy

More on Judge Jones the (Not)Plagiarist

To show y’all that I’m not just making up my position on “plagiarism,” I here is a quote from the U.S. Supreme Court on this very issue:

“even when the trial judge adopts proposed findings verbatim, the findings are those of the court and may be reversed only if clearly erroneous. “ Anderson v. City of Bessmer City, 105 S.Ct. 1504 (1985).

The Third Circuit, the circuit in which Judge Jones sits, also specifically recognizes that a trial court can adopt a party’s proposed findings verbatim. See Landsford-Coaldale Joint Water Authority v. Tonolli Corp., 4 F.3d 1209, 1215 (1993)(stating, “[w]e similarly reject the [plaintiff’s] argument that the district court’s verbatim adoption of many of [the defendant’s]proposed factual findings contravened the purposes of Fed.R.Civ.P. 52(a) such that they do not warrant review under the clearly erroneous standard. This argument has been rejected by the Supreme Court….”)

Will those who have been trying to make political hay out of this aspect of Judge Jones’ opinion now acknowledge that they are wrong on this point?

Categories
Law and Policy

Judge Jones a Plagiarist?

A story making the rounds of the conservative email and blog circuit suggests that Judge Jones copied most of the findings of fact in the Kitzmiller opinion from an ACLU submission. I spent 13 years as a litigator in a major firm, where I was a partner, and now I teach law. I have serious problems with the Kitzmiller opinion, which I’ve written about on my blog and also in a letter published in First Things.

However, I have to say that this particular criticism of Judge Jones is terribly misplaced. Trial judges routinely copy from the findings of fact and conclusions of law submitted by the parties — this is exactly why they ask the parties to submit such documents. It is not plagiarism, because the ethical norms governing journalists and scholars simply don’t apply to trial judges in this context.

Trial judges are supposed to decide cases based on the submissions of the parties. This is their job. Anyone who has spent time handling cases at the trial level will immediately see that those making this particular criticism either don’t know what they’re talking about or are trying to make political points out of a non-issue. I sincerely hope they will back off of this non-issue and focus on things of substance.

Categories
Theology

Evolving Towards Salvation?

In a fatih-science forum I participate in, someone asked the following question:

Is it possible for a human being to ‘evolve’ into being a Christian? If so, are they more complex or simple (as a person) when they become a Christian than they were before?

Here is my response:

Interesting question. If anything is clear in the New Testament, it is that human nature is incapable of achieving salvation. Those who follow Christ and are saved do so only because of grace through faith, as a gift from God (Eph. 2:8-9). Moreover, IMHO, although people have free will, the Bible is also clear that God foreknows and elects those who are saved. I don’t know how to tie free will, foreknowledge and election together, but I do think the concepts of foreknowledge and election in the economy of salvation preclude an “evolutionary” view that would attribute salvation to random events acting on something inherent in human nature.

That said, the process of conversion often involves a slow movement towards faith. Those of us who are evangelicals like to emphasize moments of conversion, but sometimes such a single dramatic moment isn’t there. The Bible often speaks of the gospel using an agrarian metaphor — seeds are sown, they are watered, they begin to grow, and then at the right time they are harvested. But the proper view of this, I think, is not that a person is “evolving” towards salvation, but that God’s grace progressively takes root in that person.

As for whether a person is more “simple” or “complex” after conversion, I’m not sure what you mean by “complexity” here. It seems to me that the NT also is clear that conversion is a radical process: we are reconciled to God, partake in a “new creation” (I Cor. 4), and are given the Holy Spirit. I’m not sure “simple vs. complex” is the right paradigm. After conversion, we’re set on an utterly different teleology.

Categories
Law and Policy

Are You Serious About Understanding Legal Theory?

If you’re serious about understanding and critiquing legal theory, you should buy this book:

It’s big, it’s dense, but becoming familiar with some of the theorists and schools of thought represented in this collection is necessary if you want to write and think carefully about jurisprudence. It’s here on my desk, and I’m resolved to work through those essays I haven’t read before, or haven’t read in a while, over this winter break!

Categories
Photography and Music

New Song — Wind and Waves

This new song, Wind and Waves, is one I was working on at the beach this past summer. The recording is mostly finished, though there are a few little things that need to be cleaned up.

Categories
Photography and Music

Christmas Songs!

A selection of Christmas songs I mixed. Listen to those voices!

Categories
Spirituality Theology

Desire

This morning I read Psalm 145, which says

The Lord is faithful to all his promises
and loving toward all he has made.
The Lord upholds all those who fall
and lifts up all who are bowed down.
The eyes of all look to you,
and you give them their food at the proper time.
You open your hand
and satisfy the deisres of every living thing.

This was a wonderful selection because I’ve also been reading about Radical Orthodoxy’s emphasis on Christian desire. As James K.A. Smith puts it in Introducing Radical Orthodoxy,

human desire is not the result of a lack or privatation but rather plentitude and excess — a positive movement toward God. Desire, then, is not the negative craving for a lack but the positive passion characteristic of love…. Here we see a marked difference between a properly Christian account of desire and the erotic paradigm adopted by contemporary evangelical worship, which operates according to a logic of privation and construes God as yet another commodity to satisfy a lack.

This is great stuff. I love contemporary worship for its freedom and missional aspects, but Smith is right that our worship songs too often make us sound like sailors who’ve been away from the ladies too long, rather than people whose love of God, reflecting God’s love for them, leads them to constantly delight in His presence.

Categories
Photo Blog

Photo Blog — NYC, A.M. – P.M.

In before sunrise….

deli.jpg

hotel.jpg

Home after dark ….

mad.jpg

capuc.jpg

Categories
Science & Technology Theology

Information and Design

I’ve been having an interesting conversation in an email forum with some relatively well-known ID advocates. The question under discussion is whether “information” is an ontological category separate from matter. One person suggested that transferring computer data from one hard drive to another shows that information is separate from matter; another mentioned one person telling a story to another. Here are some thoughts I had (for convenience I use the names “Ed” and “Dave” here):

But the information on Ed’s PC does not exist apart from the hard drives on which it is stored. And while it is true that the amount of information was essentially (though probably not perfectly) conserved in the transfer, that’s because it was a relatively small amount of information transferred a relatively short distance over a relatively short period of time into an identical medium. The amount of information would not have been perfectly conserved, for example, if it had been sent over the internet, because the necessary compression technology is lossy to some degree.

The information in Dave’s “story” is a good example of why information cannot be thought of as an ontological category. Stories are always bound by time, language and culture. It is impossible for you to tell me a story that perfectly and losslessly transmits to me all the information you are trying to encode in the story because I am not you. Some information is always lost because of the imprecision of language, the differences in our personal cultural and historical experiences, etc. This lossiness becomes greater as time increases — as our struggles to understand many of the ancient Bible stories about origins bears out.

What happens, then, to the information lost in the telling of the story? Is there any way to extract it from you without loss? Can we calculate the amount of information lost? I don’t think Shannon Entropy really works here, unless you buy into the concept of memetics, which I don’t. If you want to apply Shannon Entropy to cultural transmission, it seems to me you’re buying into an evolutionary view of culture that ultimately contradicts any meaningful Christian perspective.

Further, the “story” example illustrates that true “information” involves transmission, reception, and change. As Gregory Bateson put it, information is “a difference that makes a difference.” The data on Ed’s hard drive really is reducible entirely to matter until it makes some difference — by making his computer work, say, or by issuing in a document that human beings can read and act on. And until Dave tells me the story and it alters how I think, act, etc., the story is nothing but a neural pattern in Dave’s brain. It seems better to me to say that information is not an ontic entity; it is rather a term we use to describe change in ontic entities.

I’ve never understood ID to be primarily based on an essentially Platonic metaphysics of information. If it is, it seems to me that ID has an extraordinarily tough row to hoe. But I also don’t see why this is necessary. We could just as well say that certain patterns of producing change reflect the activity of purposeful, self-aware agents — such as the pattern of the “story” you might tell me, the patterns of the computer programs on Ed’s hard drive — or maybe the patterns of the physical laws, DNA, etc.