On Stereotypes

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On Stereotypes

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Thoughts on Law and Obligation: They're Not Always the Same

Let's start this article with a question:

Is a law to be followed just because it is a law (or court ruling)?

It would be tragic if this were presumed to be true because we have seen many harmful laws which have been implemented merely on the say so of the government—laws which were accepted unquestioningly by a majority of the people.

The Third Reich is the obvious example of such laws. The Nazi Party came to power legally and then legally (or through fait accompli) changed laws to what they wanted them to be.  if accepting a law on the basis of being a law (the technical term is legal positivism) is true, then it was not wrong for Germans to follow the laws of the Third Reich—something I suspect nobody would agree with. (if you're reading this, and you do agree, then do yourself a favor and keep quiet).

But we don't even have to "violate" Godwin's Law to demonstrate this. We can point to Dred Scott, Plessy v. Ferguson, the acceptance of slavery and segregation, forced relocations (Native American, Japanese). These were legal at one point in America.

So, let's go back to our question. Does the fact that a thing is a law mean that it must be followed?

1. If you answer "Yes," then you must accept the injustices a government that a government commits, and accept the claim that those opposing such a law (say, for example, Rosa Parks or Martin Luther King Jr.) are wrong and ought to be punished for law-breaking.
2. If you answer "No," then it means you recognize that the government can do wrong, and when it does, it must be opposed, and this opposition is legitimate.

I think of this Legal Positivism attitude when I hear certain politicians invoke the "right to abortion" granted by the Supreme Court in Roe v. Wade and other cases. The Supreme Court also affirmed the "right" to own slaves and the "right" to segregate. The Supreme Court may be the last stop when the political will is lacking to amend the Constitution, but we can see that history tells us that the Supreme Court has erred in the past—it is not infallible.

I think this demonstrates that government action cannot be the sole grounds of judging whether a thing is good or bad. If the Supreme Court, or Congress or the President does wrong, and the result of that wrong is a Ruling, or a Law, or an Executive Order, that result must be opposed with the intention of overturning the injustice.

Now of course, opposition cannot be rooted in "I don't like that policy! I want my policy!" (Which is what passes for political dispute today). Opposition must be rooted in the knowledge that some things are wrong—either always wrong, or wrong in circumstance (as an example: murder is always wrong. But in some contexts, like self defense, killing might be justified). This is not a matter of disputing what the percentage should be for the tax rate, where legitimate disputes can occur over what is best. This is a matter of "Does the government have the authority to decree that an evil is now good in a binding manner.

Some skeptics may face this point by denying we can know any thing is objectively wrong. But normally such skepticism is used with the intent of trying to justify doing a bad thing.  The fact is, we do know some things are wrong: The Holocaust, Ethnic Cleansing, Slavery, etc. We know that treating a human being as less than a human being is to be condemned regardless of where it is done or what century it is done.

Feigned or real ignorance is not a valid argument defense against the the fact that a thing is wrong. Yes, a person who truly does not know that a thing is wrong (for example a person who is insane) might have a defense against prosecution, but that does not mean that the act itself is not wrong. An insane man may not have deliberately chosen to commit murder, but that doesn't change the fact that murder is wrong.

But the person who feigns ignorance about the evil of a thing or a person who claims that good and evil is merely an arbitrary decision of the person who decrees it (many people who demand that the Catholic Church change her teaching fall into this category) does not have this defense, because we DO know things are wrong… even when we pretend not to know.

Think of it this way. The person who denies we can know what is truly good or evil will probably NOT think that way if I should steal his money (Hey, it's annoying writing articles on an Android tablet, I could use a laptop, and robbing you would help me get it quicker). Such a person, despite his claims that we can't know if a thing is good or evil, knows that it is wrong to deprive a person of his life or property at the whim of another.

We can see this in the skepticism used to defend the "right" of abortion. Roe v. Wade is essentially an Argument from Ignorance fallacy that claims that we cannot know where life begins, therefore we can't restrict the right to abortion. The problem is, a person taking action while not knowing whether it might harm another is at the least guilty of negligence and possibly manslaughter or even murder. When an action might cause harm to another, we are obligated to make sure it is safe to proceed before acting.

What is worse is the fact that some recent thinking in the defense of abortion holds that it probably is a person, but that is less important than the right not to be pregnant. In other words it effectively says it is ok to treat a person as less than human if it benefits me.

We've been down that road before. Here in America, we've treated Blacks, American Indians, Japanese and other minorities as being less than human for our own convenience. In other countries, Germans have treated Jews and Slavs as less than fully human. Serbs have treated Bosnians and Croats as less than fully human. Turks have treated Armenians as less than fully human.

The list goes on and on, each with government approval.

The only way to avoid such monstrosity is to recognize that law must be subject to truth, and when a government goes against what is true in its laws, it must be opposed.

There are graveyards filled with people because too many just decided that because a thing is a law, it must be acceptable.

Thoughts on Law and Obligation: They're Not Always the Same

Let's start this article with a question:

Is a law to be followed just because it is a law (or court ruling)?

It would be tragic if this were presumed to be true because we have seen many harmful laws which have been implemented merely on the say so of the government—laws which were accepted unquestioningly by a majority of the people.

The Third Reich is the obvious example of such laws. The Nazi Party came to power legally and then legally (or through fait accompli) changed laws to what they wanted them to be.  if accepting a law on the basis of being a law (the technical term is legal positivism) is true, then it was not wrong for Germans to follow the laws of the Third Reich—something I suspect nobody would agree with. (if you're reading this, and you do agree, then do yourself a favor and keep quiet).

But we don't even have to "violate" Godwin's Law to demonstrate this. We can point to Dred Scott, Plessy v. Ferguson, the acceptance of slavery and segregation, forced relocations (Native American, Japanese). These were legal at one point in America.

So, let's go back to our question. Does the fact that a thing is a law mean that it must be followed?

1. If you answer "Yes," then you must accept the injustices a government that a government commits, and accept the claim that those opposing such a law (say, for example, Rosa Parks or Martin Luther King Jr.) are wrong and ought to be punished for law-breaking.
2. If you answer "No," then it means you recognize that the government can do wrong, and when it does, it must be opposed, and this opposition is legitimate.

I think of this Legal Positivism attitude when I hear certain politicians invoke the "right to abortion" granted by the Supreme Court in Roe v. Wade and other cases. The Supreme Court also affirmed the "right" to own slaves and the "right" to segregate. The Supreme Court may be the last stop when the political will is lacking to amend the Constitution, but we can see that history tells us that the Supreme Court has erred in the past—it is not infallible.

I think this demonstrates that government action cannot be the sole grounds of judging whether a thing is good or bad. If the Supreme Court, or Congress or the President does wrong, and the result of that wrong is a Ruling, or a Law, or an Executive Order, that result must be opposed with the intention of overturning the injustice.

Now of course, opposition cannot be rooted in "I don't like that policy! I want my policy!" (Which is what passes for political dispute today). Opposition must be rooted in the knowledge that some things are wrong—either always wrong, or wrong in circumstance (as an example: murder is always wrong. But in some contexts, like self defense, killing might be justified). This is not a matter of disputing what the percentage should be for the tax rate, where legitimate disputes can occur over what is best. This is a matter of "Does the government have the authority to decree that an evil is now good in a binding manner.

Some skeptics may face this point by denying we can know any thing is objectively wrong. But normally such skepticism is used with the intent of trying to justify doing a bad thing.  The fact is, we do know some things are wrong: The Holocaust, Ethnic Cleansing, Slavery, etc. We know that treating a human being as less than a human being is to be condemned regardless of where it is done or what century it is done.

Feigned or real ignorance is not a valid argument defense against the the fact that a thing is wrong. Yes, a person who truly does not know that a thing is wrong (for example a person who is insane) might have a defense against prosecution, but that does not mean that the act itself is not wrong. An insane man may not have deliberately chosen to commit murder, but that doesn't change the fact that murder is wrong.

But the person who feigns ignorance about the evil of a thing or a person who claims that good and evil is merely an arbitrary decision of the person who decrees it (many people who demand that the Catholic Church change her teaching fall into this category) does not have this defense, because we DO know things are wrong… even when we pretend not to know.

Think of it this way. The person who denies we can know what is truly good or evil will probably NOT think that way if I should steal his money (Hey, it's annoying writing articles on an Android tablet, I could use a laptop, and robbing you would help me get it quicker). Such a person, despite his claims that we can't know if a thing is good or evil, knows that it is wrong to deprive a person of his life or property at the whim of another.

We can see this in the skepticism used to defend the "right" of abortion. Roe v. Wade is essentially an Argument from Ignorance fallacy that claims that we cannot know where life begins, therefore we can't restrict the right to abortion. The problem is, a person taking action while not knowing whether it might harm another is at the least guilty of negligence and possibly manslaughter or even murder. When an action might cause harm to another, we are obligated to make sure it is safe to proceed before acting.

What is worse is the fact that some recent thinking in the defense of abortion holds that it probably is a person, but that is less important than the right not to be pregnant. In other words it effectively says it is ok to treat a person as less than human if it benefits me.

We've been down that road before. Here in America, we've treated Blacks, American Indians, Japanese and other minorities as being less than human for our own convenience. In other countries, Germans have treated Jews and Slavs as less than fully human. Serbs have treated Bosnians and Croats as less than fully human. Turks have treated Armenians as less than fully human.

The list goes on and on, each with government approval.

The only way to avoid such monstrosity is to recognize that law must be subject to truth, and when a government goes against what is true in its laws, it must be opposed.

There are graveyards filled with people because too many just decided that because a thing is a law, it must be acceptable.

Thoughts on Accusations of Imposing Values

One thing I have heard is the accusation that Catholics are imposing our views on others who don't share them. It's wrong of us to do so, we're told.

To which my response is, "What the Hell do you think you're doing to us?"

It's not a flippant response. It's pointing out the sheer hypocrisy of the accusation. If it is wrong for Catholics to seek to change the society that it shares with others that do not agree with us then it is certainly wrong for others to seek to change the society when we disagree with them.

So long as someone holds to a moral relativism that denies any absolutes, then any accusations made against us also applies to them. If we're in the wrong, then so are they.

But, if there are moral absolutes, real right and wrong where one side can be right in such a way as to mean following  one side is not an opinion, then those who oppose us have the same obligation to demonstrate the truth about their beliefs as we are. Moreover, we have the same right as they do to explain and defend our beliefs. We have the same rights to show people that what we believe is true.

No, we're not forcing opinions on people who don't share them. We're sharing what we believe to be vitally important and trying to show how it is true. People are not forced to accept what we believe. If they accept what we believe, it is because they too are convinced that what we believe is true.

If someone wants to deny us that right, claim that we have no right to live as we feel we are called to live, no right to teach what we know to be true; if they want to lie about our beliefs and try to deny us the right to live according to our beliefs, then it is they—not us—who force views on others.

They are what they accuse us of being.

Thoughts on Accusations of Imposing Values

One thing I have heard is the accusation that Catholics are imposing our views on others who don't share them. It's wrong of us to do so, we're told.

To which my response is, "What the Hell do you think you're doing to us?"

It's not a flippant response. It's pointing out the sheer hypocrisy of the accusation. If it is wrong for Catholics to seek to change the society that it shares with others that do not agree with us then it is certainly wrong for others to seek to change the society when we disagree with them.

So long as someone holds to a moral relativism that denies any absolutes, then any accusations made against us also applies to them. If we're in the wrong, then so are they.

But, if there are moral absolutes, real right and wrong where one side can be right in such a way as to mean following  one side is not an opinion, then those who oppose us have the same obligation to demonstrate the truth about their beliefs as we are. Moreover, we have the same right as they do to explain and defend our beliefs. We have the same rights to show people that what we believe is true.

No, we're not forcing opinions on people who don't share them. We're sharing what we believe to be vitally important and trying to show how it is true. People are not forced to accept what we believe. If they accept what we believe, it is because they too are convinced that what we believe is true.

If someone wants to deny us that right, claim that we have no right to live as we feel we are called to live, no right to teach what we know to be true; if they want to lie about our beliefs and try to deny us the right to live according to our beliefs, then it is they—not us—who force views on others.

They are what they accuse us of being.

Accusations Without Proof in America

The American Justice System holds two principles that I consider relevant to today's discussion:

1. Innocent until Proven Guilty
2. Guilty Beyond a Reasonable Doubt

These principles mean that guilt (not innocence) must be proven when an accusation is made and that the guilt must be proven to the extent that no reasonable doubts of the evidence or its interpretation exist in the mind of the person called to make the decision.  In other words, the burden of proof is on the accuser to establish that the guilt of the accused is clear and not that the accused must demonstrate that he is innocent.

The principles are good ones and are designed to prevent the conviction of someone based on false accusations and misapplied evidence – so long as justice is sought.

When justice is not sought, it becomes easy to turn the concepts into a mockery. Invalid evidence can be permitted and relevant evidence is rejected. This can result in the evils of the innocent being punished and the guilty set free.

This seems to be what is going on with how Christian moral teaching is being recast as bigotry today. The accusation is made that unpopular Christian teaching X is motivated by bigotry, and thus needs to be opposed. The practitioners of Christian teaching X are therefore bigots and can be ostracized, sued, prosecuted, etc.

Now if we applied the two principles of justice proclaimed by our Justice System to these accusations, we would recognize that the accusers are the ones with the burden of proof. They would have to demonstrate how the unpopular Christian moral teaching is rooted in bigotry. But that is precisely what is not done.

Take for example the Christian teaching on Marriage. The accuser makes the claim that "opposing same sex marriage is homophobia," for example. This is the point which the accuser is obligated to prove. But, instead of proving it, the accuser assumes it is proven and calls for action to be taken against the person who believes in and supports the Christian teaching on marriage – which does not accept same sex "marriage."

That's a dangerous idea. Imagine if I alleged that atheists were disloyal Americans because they could not be trusted to swear their loyalty to the country before God? I could seize on the fact of their disbelief in God and twist it to declare that because they couldn't swear sincerely before God (because they don't believe in God) that it meant they were actively disloyal towards America. Perhaps some atheists are disloyal citizens, but it doesn't follow from the fact of their rejecting oaths before God that they do so because of disloyalty. So if I were to claim, without proving, that all atheists who were unwilling to swear their loyalty before God did so out of motives of disloyalty, and got people to accept this without proof, I could bash all atheists who disagreed with my views even if they were not disloyal citizens.

People can recognize the injustice of my hypothetical (and to some extent historical) example above. But what is not apparent to many is that this is exactly the charge leveled against Christians who stand up for their beliefs today. It is assumed that Christians who stand up for the moral teaching of the Church do so with the motivation of intolerance. Since intolerance must be oppressed, says the unqualified statements of today, Christian teaching must be opposed. But when we look at the accusation, it doesn't hold together.

Q: Why is Christian teaching on marriage intolerant?

A: Because it rejects the legitimacy of same sex "marriage."

Q: Why is rejecting the legitimacy of same sex "marriage" wrong?

A: Because it is intolerant.

That's called Arguing in a Circle. The point to be proven (that opposition to same sex "marriage" is intolerant) is assumed to be true when the truth of the point is exactly what is under dispute.

The fact is, a thing can be opposed for many different reasons and not all of them are based on bigotry. Yes, the Westboro Baptists practice a hateful form of bigotry in their actions of opposing homosexual acts. But that's not the only motivation for opposing them. The entirety of Christians who believe that homosexual acts are wrong can only be condemned for holding the Westboro position IF, and only IF, the entirety of these Christians have the same views as the Westboro Baptists.

But in fact, the Westboro Baptists and their "God Hates F*gs" signs come nowhere near the teaching of the Catholic Church which decrees in the Catechism:

2357 Homosexuality refers to relations between men or between women who experience an exclusive or predominant sexual attraction toward persons of the same sex. It has taken a great variety of forms through the centuries and in different cultures. Its psychological genesis remains largely unexplained. Basing itself on Sacred Scripture, which presents homosexual acts as acts of grave depravity, tradition has always declared that “homosexual acts are intrinsically disordered.”142 They are contrary to the natural law. They close the sexual act to the gift of life. They do not proceed from a genuine affective and sexual complementarity. Under no circumstances can they be approved. (2333)

2358 The number of men and women who have deep-seated homosexual tendencies is not negligible. This inclination, which is objectively disordered, constitutes for most of them a trial. They must be accepted with respect, compassion, and sensitivity. Every sign of unjust discrimination in their regard should be avoided. These persons are called to fulfill God’s will in their lives and, if they are Christians, to unite to the sacrifice of the Lord’s Cross the difficulties they may encounter from their condition.

2359 Homosexual persons are called to chastity. By the virtues of self-mastery that teach them inner freedom, at times by the support of disinterested friendship, by prayer and sacramental grace, they can and should gradually and resolutely approach Christian perfection. (2347)

Catholic Church, Catechism of the Catholic Church, 2nd Ed. (Washington, DC: United States Catholic Conference, 2000), 566. [Emphasis added]

So, the Catholic who behaves like a member of the Westboro Baptist Church is acting against Catholic teaching in behaving unjustly. It's one thing to say:

2363 The spouses’ union achieves the twofold end of marriage: the good of the spouses themselves and the transmission of life. These two meanings or values of marriage cannot be separated without altering the couple’s spiritual life and compromising the goods of marriage and the future of the family.

The conjugal love of man and woman thus stands under the twofold obligation of fidelity and fecundity.

Catholic Church, Catechism of the Catholic Church, 2nd Ed. (Washington, DC: United States Catholic Conference, 2000), 568.

…and therefore reject sexuality being used outside of this context (it also rejects adultery, fornication, prostitution, mistresses, masturbation, divorce and remarriage, etc.)

It's quite another thing to say that we may do harm to those people with same sex attraction. The Catholic defense of marriage has nothing to do with the thugs out there who beat up people with same sex attraction. In fact, we condemn such behavior. It doesn't seek to deny that people with same sex attraction the same human rights others have. We say such behavior cannot be considered marriage.

We believe sexual relations can only be legitimately used in the concept of marriage between one man and one woman. We stand firm on this in the face of the polygamist, the adulterer, the fornicator and others. Even if they believe their behavior to be acceptable, we must say it is not.

However, we reject any claim that our beliefs are made out of malice or hatred for others, and we hold that no person can prove that our beliefs do have this malice and hatred. A just society will stop trying to persecute people for holding to our beliefs on the basis of a person claiming without justification that we act out of hatred.