Tag Archive for 'law'

Lawyer of the Rings?

My favourite movie trilogy of all time has been involved in lawsuits pretty much since it was finished - or rather, the company that made it (New Line) has been.

The twists and turns are followed by this article.  It is sad that people have had to resort to litigation, over what appears to be 'unabashed and insatiable greed' on the part of the studio.

The latest lawsuit has been filed by the Tolkien family, but not simply for their own gain:

The Tolkien suit may prove to be especially troublesome for New Line,
if only because it has the earmarks of a public relations nightmare.
The plaintiffs include a charitable trust that is overseen by family
members of the author, who died in 1973, and includes among its
beneficiaries worthy organizations like the Darfur Appeal and the World
Cancer Research Foundation.

It seems that the studio may have been involved in some 'accounting chicanery' that has been 'cheating' others' out of their fair share of the gross profit from the movies.

The saga continues...

Sharia Law

For the last two days I have been rather astonished that the main headline on the BBC News website has been about Rowan Williams' comments on Sharia law.  The headlines come from a lecture he gave, and an interview for Radio 4.  Yesterday morning this page was added to his website, giving links to the full transcripts of his interview and lecture.

I have to say that I really feel for the Archbishop.  He is an extremely intelligent and thoughtful man.  Unlike many people (including me, I think), he doesn't say rash things as they pop into his head, but after a great deal of reflection.  To claim that he should resign, that he is unfit for his job, is such an over-reaction, and yet, sadly, it is not unusual in the media.  As a friend points out, the same thing happened to the Pope last year.

Here is an explanation of what the Archbishop was actually trying to say, from his website:

In his lecture, the Archbishop sought carefully to explore the limits
of a unitary and secular legal system in the presence of an
increasingly plural (including religiously plural) society and to see
how such a unitary system might be able to accommodate religious
claims. Behind this is the underlying principle that Christians cannot
claim exceptions from a secular unitary system on religious grounds
(for instance in situations where Christian doctors might not be
compelled to perform abortions), if they are not willing to consider
how a unitary system can accommodate other religious consciences. In
doing so the Archbishop was not suggesting the introduction of parallel
legal jurisdictions, but exploring ways in which reasonable
accommodation might be made within existing arrangements for religious
conscience.

What did the Archbishop actually say?

It seems that many within the media are too hungry for headlines to be bothered to find out what someone has actually said.  And it is not only the media, but politicians as well:

This isn't a path down which we should go... the British legal system should apply to everybody equally.

"You cannot run two systems of law alongside each other.

"That would, in my view, be a recipe for chaos, social chaos." 

Andy Burnham, Culture Secretary

From my understanding of what Dr Williams said, he would wholeheartedly agree with Andy Burnham (and all the others who have been saying similar things, for example Nick Clegg).  The Archbishop suggested that we should look at recognising some aspects of Sharia within our legal system, as indeed we already recognise some issues of conscience for other faiths (as in the passage from the Archbishop's website I quoted above).

One of the most generous and kindest responses to his thoughts came not from members of the Church of England, but from the Muslim Council of Britain:

The Muslim Council of Britain (MCB) said it was grateful
for the Archbishop's "thoughtful intervention" on the discussion of the
place of Islam and Muslims in modern Britain.

A spokesman said: "The MCB observes, with some sadness,
the hysterical misrepresentations of his speech which serves only to
drive a wedge between British people."

Archbishop defends Sharia remarks

I do wonder how long Dr Williams will remain Archbishop.  He has had a torrid time, from the accusations of being a druid, to misrepresentation in the media, to ridicule because of his facial hair, to the brink of a break-up in the Anglican Communion.  His is not a job I would wish on anyone right now.

Biblical Ethics?

This was originally published as a comment on this blog on 27 April 2006. The author asked: 'How, though, can the Bible be used to help towards ethical understanding?'

As a rhetorical device, let’s take your comment to the extreme, and start by thinking about what would happen if we could not use the Bible at all as an ethical textbook.

In practice, this would me that when we read an ethical exhortation in the Bible, such as ‘women should cover their heads in church’, that does not mean that women today should do so. If we decide that women should cover their heads, we would therefore do so not because the Bible says they should, but because we’ve reached that conclusion ourselves, using whatever method (derived from the Bible or not).

I used to think much the same, that the Bible was good for seeing how the apostles (say) ‘did’ ethics, the way they addressed the questions that faced them, but not for telling us how to behave. We can read the text, work out their method, and use that same method to generate ethical guidelines that are relevant for us today.

However, I’m not sure that that is entirely correct. I was never really happy with it as a really robust way of ‘doing’ ethics anyway. So here goes.

Being in part a Barthian I think that we should aim in our lives to behave as much like Jesus (the perfect human) as possible. We have to be careful here, because we’re never going to achieve that, but I think it’s a good starting point. Intellectually and theologically it makes sense. As Barth argues, if we want to know what it is to be human, we should look at Jesus, not at ourselves. Perhaps ethics then becomes a set of guidelines to help us think and act as true humans, to help us be as much like Jesus as possible.

In terms of personal piety, it also makes sense. Christianity is not about knowing about God through some musty old codices, it’s about knowing God himself. I think Jesus makes that clear in lots of what he says, in John and the other gospels. The popularity of the ‘WWJD’ bracelets (in America particularly) shows how helpful this concept can be. We do know Jesus, through the Holy Spirit, and so being constantly reminded to do as he would do forces us (at best) to go through life prayerfully, surely a good starting point for every-day Christian ethics.

The apostles also had much the same idea. What they said to the fellow Christians about right and wrong stemmed directly from this idea of imitating Jesus, even down to the way they upheld some parts of the law and not others. So why can’t we simply take what they said and plonk it down in the 21st Century?

The first thing that might stop us doing this is if people themselves have changed since the New Testament was written. If people are fundamentally different now to how they were then, we can’t simply take what was written to people then and say it to people now. But I think that people have not changed one jot. People are still motivated by the same sinful tendencies - greed, lust, envy, idolatry - that they have always been. Jesus is still the only perfect example of humanity - Romans 3.23 can still be said today, and for the same reasons.

But secondly, and perhaps more importantly, human culture has changed hugely over the past two thousand years, so our Western world today is almost totally unrecognisable to Jesus’ middle-Eastern world two thousand years ago. It’s almost a cliché, the point is made so often. And it is a good point to make historically - we do indeed live in a different world.

But it isn’t a very good point when we’re talking about ethics, unless one is a post-modernist. You said in your blog that the current trend is against meta-narratives, which I agree. The good old hermeneutic of suspicion means people don’t trust anything, especially if it claims to explain (nearly) everything. But a meta-narrative is exactly what the Bible presents us with. The word ’story’ is getting quite trendy these days (the dumbed-down version of narrative), but that really is what the Bible gives us - the story of God, the world and people. It even begins at the beginning and ends at the end - a meta-narrative if ever I saw one.

So that means we are in the same ’story’ that Jesus was (is) in, the same story that Paul was in, and so on. Tom Wright splits the Bible’s meta-narrative into various ‘ages’ - I expect you’ve read about it, Creation, Fall, Israel, Jesus, the Church (post-Pentecost), new Creation. They mark decisive turning points in the narrative where something changes dramatically. (Arguably the ‘Israel’ age could be split in two, perhaps pre- and post-monarchy, or pre- and post-Sinai.)

For ethics, this means that what is said in one age does not necessarily apply in another - but equally, because there is one meta-narrative, being in a different age to an ethical injunction does not necessarily mean we should ignore it. A classic example is perhaps the way Jesus treated the food laws. They applied to Israel absolutely (they had to obey them) but not to us, in the age of the Church. People can still follow them if they wish, but it is no longer a requirement. The same for circumcision.

It isn’t that we know better than people in the ‘Israel’ age, we are simply in a different place in the narrative, a place that happens to be after Jesus told us we can eat whatever we like, a place that happens to be after Paul said it does not matter if we are circumcised or not - we are justified by God’s grace.

However, as Paul showed in his letters, and as Jesus taught, certain things from the law were not simply for Israel, but for all ages. The command not to kill, or to have other gods before the Lord; I think sexual ethics fall in that bracket as well, because of what Paul says in his letters. Don’t sleep with your sister, or your mother-in-law, your sheep, another person other than a spouse, another person of the same gender. Just because the letters were written to specific churches does not mean they do not apply universally - just because God told the Israelites to have no other gods but Him does not mean that law applies only to them.

The first difficulty then is, how do we decide which bits of the law still apply and which don’t? Paul didn’t go through the whole law, saying ‘this bit, not that bit’ etc. I’ve just thought of it, maybe it doesn’t work, but perhaps the laws that don’t apply are concerned with outward signs and ritual cleanliness.

Laws concerned with outward signs of belonging to Israel or ‘cleanness’ are no longer binding, because we belong to Jesus by faith, and we are ‘clean’ by grace. That would seem to be in keeping with what is said in the New Testament. That would include the food laws, sacrificial laws, tithes, circumcision, national identity, and other ‘random’ laws about what clothes we should wear. If a woman is having her period she shouldn’t be banned from church etc.

The rest of the law, governing personal and communal morality, still applies. That includes the ten commandments, and other laws concerning our behaviour towards God, each other and people outside our community. Looking after refugees is a duty, giving financially is a duty (although how much is not necessarily important - the widow’s mite is a good example - giving has to be self-sacrificial or there’s no point). Sexual laws are important - just look at what happens to society when sex breaks out of its proper place.

I admit, this is perhaps a weak point in my argument. I’m open for other ideas, but I think the general concept is ok. It isn’t that we shouldn’t follow the law, it’s simply that we no longer need to.

Secondly, what about the stuff Paul says about women and worship (head coverings, not speaking in church etc). These need to be looked at carefully, and we need to decide how they apply today. We need to look at why Paul said these things - because they are a fundamental part of ethics, or because a particular situation demanded them?

Take the head coverings, for example. A woman displaying her hair in public is no longer a sign that she is a prostitute. Wearing a tiny skirt, high heels, a skimpy top and lots of make-up perhaps are these days. When Paul forbade women from speaking, he was referring to the prophetesses of Diana who were disrupting church services in Ephesus (if I remember correctly from my commentaries).

It may seem like selective reading of the Bible, and I suppose it is, but the criteria for selection are not arbitrary.

Thirdly, how do we face ethical situations not covered by the Bible? Abortion? Euthanasia? Given the way the emphasis has so far been on answering ethical questions by seeing what the Bible says about them, we would seem to be stuck. What if someone wants to die? Is it still wrong to kill them? When is a foetus a person, with rights?

This is where my original position comes in useful. We need to look at the way Paul (especially, but also other New Testament writers, and Jesus himself, where possible) addresses ethical problems. We need to analyse his method, look at his concerns, and use them in our own analyses.

For example, Paul was very concerned about the outward appearance of the church, that people would be turned away not because of the church itself, but because they are offended by the message of the gospel. He was also concerned that there was proper order in church services, that things didn’t descend into chaos. He emphasised the importance of not leading others astray by our actions, however right they may be.

Jesus often spoke about the importance of life over death, of light over darkness. Reading his teachings makes it difficult to accept the ‘lesser of two evils’ argument, which seems to suggest that, in some circumstances, doing evil is the only option. Pragmiatically, it’s a great argument, and gets you out of many holes, but I just don’t see it. We aren’t Jesus, granted, but we do have his Spirit, who helps us greatly.

Again, this is perhaps a weak point in my argument, because I haven’t developed it enough, but I think the basic position is there and can be built on.

My overall concern was to find a way of building an ethical framework that is Biblical, relevant and robust enough to cope with new situations not covered in the Bible. What do you think?

Altering iPhones

I have just been reading some of the articles about Apple disabling iPhones via a software update. The phones in question have been hacked to work on networks other than AT&T, or have had third-party software installed on them. It is now virtually impossible to run any non-Apple software on iPhones.

These comments come at the end of the article in the New York Times:

J. Noah Funderburg, an assistant dean at the University of Alabama School of Law in Tuscaloosa and a longtime Mac user, had little sympathy for iPhone hot-rodders.

"Anyone who hacks must know that they are taking certain risks," Mr. Funderburg said. "If they aren’t willing to assume the risks upfront - like a brick iPhone - then maybe they should not hack the device.

"We have a free marketplace," he said. "Buy a product, including using it on the terms accompanying the purchase, or don’t buy it. And learn to live with not always getting everything you want."

I agree with the first part of his statement. When you hack or alter a piece of software - either on a computer or on a phone - it is your fault if it stops working.

But I'm not so sure about the second part of his statement. Are the 'terms of use' an intrinsic part of any purchase? Is it the case that after you have purchased something, the company you bought it from has some say in how you use it? If something is mine, why can't I use it in whatever way I like, without breaking the law? Is Apple's restriction akin to Sainsbury's insisting that I grill my sausages rather than fry them?

To be honest, I would have to argue that it is - especially the restriction on third-party applications.

The next question is - and this one is more personal - does Microsoft have the right to insist I buy two copies of Windows XP if I want to set up my PC so I have one operating system for general use, and one for games? This is not installing it on two separate computers, where both can be used at the same time, it is installing Windows twice on one computer, where only one can be used at any one time. I argue that doing this does not break the law - it is like using a book as a doorstop, and then later reading it.

Sexual Orientation Regulations

I have just been reading a blog by a fellow Wycliffe student here. He argues that the Catholic Church has no right to oppose the SORs going through Parliament at present. The reason is that they are willing (in a world which is far from ideal) to allow 'stable' non-married couples to adopt children. The church obviously feels this is better than for the child not to be adopted at all. The main point of the argument is, 'not to let the impossible best be the enemy of the relatively good'.

This debate highlights one of the classic difficulties within ethics, especially Christian ethics, of the balance between idealism and pragmatism. The theological term is 'inaugurated eschatology' - we live in the light and power of the kingdom of God, which at the same time has not yet fully come. We find ourselves living in two worlds, this age and the age to come. The difficulty, as evidenced by this example, is knowing when to stick to the 'ideals' of the age to come, and when to compromise with the current age.

With this particular issue, where should the boundary be? Should the Church stick to its ideals, and put a blanket ban on adoptions by all 'sinners', including non-married couples? Surely not. Should the Church give in to pragmatism and allow anyone in a 'stable' relationship to adopt? I don't think so. Christian ethics is never going to be that simple, because of the tension between this age and the age to come.

And so, I would like to support the Catholic Church's position on this. My next comments have the potential to be controversial, and I don't mean to offend anyone. These are simply some thoughts I have on the subject.

I think that in this issue the pragmatism comes in recognising what constitutes 'marriage'. At its most basic level I would say it is a public commitment to share your whole life with one other person, of the opposite gender. Some would use the word 'covenant' to describe it. Most of the time this is marked by a public wedding, and, if done in church, public prayers and promises one to another.

Is there really a major difference in kind between this and a 'common-law' couple, especially one making the public statement of living together and wanting to raise a child? (The Church is (hopefully) going to rule out couples who have a history of serial relationships, or who have no real intention of staying together long-term.) Is there a major difference between a couple committed to a long-term relationship, and a couple who are officially married?

If not, the next question is, are there any major differences between a committed heterosexual and a committed homosexual couple? I would suggest that perhaps there are. All the major churches (and religions, as far as I know) hold that 'marriage' is between a man and a woman, and that it is the 'ideal' situation in which to bring up a child. Perhaps, then, the 'pragmatic' compromise could be over what constitutes 'marriage', so that committed heterosexual couples are, to all intents and purposes 'married', but the 'ideal' of children being brought up by a man and a woman should not be compromised.

What I am not saying is that homosexual couples are more sinful, or evil, than heterosexual couples. What I am tentatively saying is that perhaps there is something important about the nature of a family that we should not compromise on.

I am willing to be corrected on any aspect of this argument, and please forgive me if I have written in an offensive way. This post is meant to reflect some of the long wrestling I have done myself over these issues.