Our friend Francis Beckwith has published
a new article in the University of St. Thomas Journal of Law And Public Policy, which goes on for some thirty pages to show that he isn't and never was, and really wasn't ever and really isn't and never even came close to being an advocate of Intelligent Design, and so forth. Normally, such self-indulgence would not merit notice, but in the process, he drops a few entertaining knee-slappers.
My own favorite is his criticism of the
Kitzmiller decision-or, rather, of the "endorsement test" in Establishment Clause jurisprudence. The "endorsement test" is simply the rule that the Constitution bars the government from engaging in activities that send the message that the government endorses some religious belief or other. One obvious question is, message to whom? The answer can't, of course, be the hypersensitive, or the complete ignoramus, but our old stand-by, the reasonable person.
Now, the reasonable person is a very old concept-indeed, it's the cornerstone of whole areas of the law. It is, of course, a hypothetical construct, not an actual person. As
humorist A.P. Herbert famously put it, the reasonable person
stands in singular contrast to his kinsman the Economic Man, whose every action is prompted by the single spur of selfish advantage and directed to the single end of monetary gain. The Reasonable Man is always thinking of others; prudence is his guide.... All solid virtues are his, save only that peculiar quality by which the affection of other men is won....
He is one who invariably looks where he is going, and is careful to examine the immediate foreground before he executes a leap or bound; who neither star-gazes nor is lost in meditation when approaching trap-doors or the margin of a dock...who never mounts a moving omnibus, and does not alight from any car while the train is in motion; who investigates exhaustively the bona fides of every mendicant before distributing alms, and will inform himself of the history and habits of a dog before administering a caress; who believes no gossip, nor repeats it, without firm basis for believing it to be true; who never drives his ball till those in front of him have definitely vacated the putting-green...never from one year's end to another makes an excessive demand upon his wife, his neighbours, his servants, his ox, or his ass...never swears, gambles, or loses his temper; who uses nothing except in moderation, and even while he flogs his child is meditating only on the golden mean....
I have called him a myth; and, in so far as there are few, if any, of his mind and temperament to be found in the ranks of living men, the title is well chosen. But it is a myth which rests upon solid and even, it may be, upon permanent foundations. The Reasonable Man is fed and kept alive by the most valued and enduring of our juridical institutions--the common jury.
The reasonable man is
not expected--in tort law, constitutional law, or anything else--to be omniscient and perfect. The question is whether a
hypothetical rational person, with the relevant information and background, would understand the government school to be endorsing the truth of a religious proposition. While subject to legitimate criticism, this is at least a
reasonable way to approach Establishment Clause questions. But Beckwith, whether out of ignorance or a desire to misrepresent the law, would prefer to caricature it. He writes that the reasonable person "would exhibit ideal epistemological excellence," and would "not be limited by biases." He oh, so cleverly asserts that the Judge Jones's use of this common legal device was hypocritical, because "[t]he ROO ['reasonable objective observer'] would seemingly possess...a 'God's Eye point of view,'" and therefore, "in order to expunge the divine, or at least allusions to it, from the public schools, Judge Jones requires the divine's assistance, or at least the assistance of a hypothetical deity."
This is worse than a straw man--it is a juvenile attempt to make a joke at the expense of logic and the law. Indeed, it is the
only "argument" that Beckwith offers against the use of the reasonable person standard in Establishment Clause jurisprudence. All for the purpose of introducing levity and silliness into a scholarly proceeding, Beckwith indulges himself by mischaracterizing the reasonable man standard, and, without bringing any
substantive criticism, or even explanation of his objections thereto, simply throwing this straw man overboard.
Meanwhile, he shamelessly misrepresents what
Judge Jones' opinion actually says. For the record, Jones was not seeking to, and did not, "expunge the divine, or at least allusions to it, from the public schools." He faithfully applied existing precedent that enforces the Constitution's absolute prohibition against government funding the propagation of religious opinions, or promoting them as true. Allusions to the divine are perfectly constitutional and perfectly routine, in the context of a literature or history class, where tax dollars may be, and are, spent teaching children
about religion. But it is neither appropriate nor legal for the government to spend tax dollars finding clever methods to tell children that some religious doctrine or another is the truth.
Yet Beckwith happily continues stacking straw men. Another--and one that is a constant theme with Beckwith, and fully justifies
Barbara Forrest's dismissal of him as simply a non-epistemologist--comes when he repeats his now hoary assertion that science's "methodological naturalism" is somehow unjustified, or, to be more precise, that methodological naturalism is just one way of knowing, and shouldn't be "privileged" over "explanations" of phenomena that rely on supernaturalism and magic instead. Beckwith writes that he once believed
that the best way to understand ID is to see it as a counter to the hegemony of philosophical materialism that some thinkers believe is entailed by Darwinian evolution as well as a particular understanding of science. It is a view of science that maintains that the hard sciences are the best or only way of acquiring exhaustive knowledge of the natural world and its genesis and that these sciences, in order to function, require methodological naturalism.
We'll lay aside the obvious fact that few if any scientists (or others) claim that the "hard sciences" are the "only way" of gaining "exhaustive" knowledge. As
I've explained at length elsewhere (and
Forrest has explained better than I) methodological naturalism is not just one among other possible ways of knowing. It is employed because it has consistently shown that it yields results--predictable hypotheses, working technologies, and all that. Praying to the rain god doesn't increase crop yields; figuring out how fertilizers work
does. But more. Naturalism doesn't just produce better results, it is also preferable from the outset. Its "hegemony" is not based simply on the overwhelming evidence that it succeeds where other approaches fail. It is also based on the fact that the world into which we are born is full of natural phenomena that impinge on our senses and call for
explanations--that is, accounts. Assertions that magic did it are not explanations, they are mere dazzle and mystery. They account for nothing. Moreover, given the obviousness of the material world, it appears
prima facie that such explanations should be in terms of the natural world. Maybe there is some other dimension necessary for explaining natural phenomena, and maybe some other method is better suited to explaining them. But if so, the person who makes that assertion who bears the burden of production to justify that claim. The
teapot orbiting Pluto doesn't just stand for observable entities--it also stands for thought processes. Material explanations for phenomena are a natural baseline; they are
the starting point of our knowledge of the world. If there is some other dimension, and some other epistemology, it is up to the person who claims such to prove it. That's just how logic works...unless Beckwith wants to reject logic, too, as simply one among many possible methods that unfairly enjoys "hegemony." Don't laugh. Some of his allies...er,
former allies?...er,
something....have done just that.
As long as logic remains with us, it is the person who claims that there is an invisible Man in the sky, tinkering with the physical makeup of animals, who bears the burden of showing that the natural world we automatically see around us falls short for some reason. And Beckwith has demonstrated that if anyone's going to satisfy that burden of production--it ain't Frank Beckwith.
(Cross posted at
Freespace)
65 Comments
depletedfools · 2 April 2010
you little liars do nothing but antagonize...
and you try to eliminate all the dreams and hopes of humanity...
but you LOST...
THE DEATH OF ATH*ISM - SCIENTIFIC PROOF OF GOD
http://engforum.pravda.ru/showthread.php?t=280780
Einstein puts the final nail in the coffin of atheism...
*************************************
http://www.youtube.com/watch?v=V7vpw4AH8QQ
*************************************
atheists deny their own life element...
LIGHT OR DEATH, ATHEISTS?
********************************
***************************LIGHT*********
************************************
Ron Okimoto · 2 April 2010
Keelyn · 2 April 2010
Ron Okimoto · 2 April 2010
Was it Beckwith that left the Discovery Institute last year and tried to claim that he had not supported the intelligent design scam?
I wonder how many of the ID perps are going to try to rewrite history.
It has to be tough to go down in history as being part of a dishonest political movement that ended up running a bait and switch scam on their own creationist support base.
Keelyn · 2 April 2010
tupelo · 2 April 2010
[Foghorn Leghorn voice]
What's with, I say, what's with the repeated ... boy? Is something missing? Maybe your, I say, maybe your head's been depleted, boy.
Keelyn · 2 April 2010
DS · 2 April 2010
Francis wrote:
“methodological naturalism” is somehow unjustified, or, to be more precise, that methodological naturalism is just one way of knowing, and shouldn’t be “privileged” over “explanations” of phenomena that rely on supernaturalism and magic instead."
Right. And putting the ball through the basket is only one way to score points in basketball. It should not be privileged over other ways of getting points, like technical fouls. Oh wait, you still have to get the ball through the basket to get the points, even for technical fouls. That's not fair!
Crossing home plate, that's only one way to score runs in baseball. Why should that be privileged? Shouldn't you get runs for crying? But there is no crying in baseball, too bad. Well, actually, you can cry and bitch and moan all you want , but you are not going to score any runs that way. Now why would anybody want to get runs for crying? Maybe they are too afraid to step up to the plate and actually do some science.
Matt G · 2 April 2010
As the Kitzmiller trial clearly demonstrated, the best way to understand ID is as creationism 3.0 (after creationism and creation science).
Larry Moran · 2 April 2010
Let's imagine that we have solid evidence for the existence of supernatural beings who sometimes meddle in the affairs of humans. This is a thought experiment, please bear with me.
The meddling can't be too frequent in this thought experiment but what it does mean is that methodological naturalism fails from time to time when miracles occur. Maybe our hypothetical God created the original universe or tilted evolution toward humans or made the dodo go extinct. (These would not be the examples of solid evidence - there would be more direct examples in our thought experiment such as the efficacy of prayer or something like that.)
What would we do in the public schools? Do we teach our children about the observed interference of these gods and the proof of their existence? Of course we do! Do we teach them that one of the many religions is more correct than another? No, we don't.
There are some believers who maintain that this is the situation right now. They say we should teach the "truth" without lending support to any religion. In our thought experiment they would be correct.
What this means is that we have to be careful to separate the teaching of "truth" from the teaching of religious beliefs. It's not sufficient to simply say that a particular point of view is "religious" and then ban it from the schools. What if it is both religious and true?
Now, let's imagine that the evidence for these supernatural beings is ambivalent. It's not solid, it's only suggestive. We'd like to know whether they exist or not and we'd like to analyze the data to see if we can reach a conclusion. Is this a scientific question or should we ban it from schools on the grounds that the answer supports religion?
My position is that we should examine the question. It is a legitimate scientific question. We should look closely at any arguments that claim support for the existence of gods. That includes the arguments for intelligent design. School children, especially in senior high school, should become familiar with the debate and should be able to address both sides of this important issue.
How are children ever going to understand the real science behind the Cambrian explosion and the bacterial flagella unless we directly confront the bogus scientific arguments of the Intelligent Design Creationists? I think it's a mistake to ban these arguments from public schools on the basis of some legal manipulations that forbid mention of anything that can support religion. (This only happens in the USA.)
We should be open to any points of view that challenge current scientific explanations whether they are motivated by religion or anything else. The arguments will stand or fall on their scientific merits. We should not fear the criticisms of the creationists and we do our children a great disservice by keeping those criticisms our of the classroom where they can be exposed as the lies they are. That reeks of censorship.
These are not questions that should be decided by lawyers and courts. They should be decided by scientists and by teaching our children the importance of science as a way of knowing. In the long run, our society will be better off if we equip our children to deal with these points of view rather than hide from them.
Matt G · 2 April 2010
As far as the whole "excluding the divine" thing is concerned, it seems to me that magical thinkers divide things into two groups when it should be three: the things one accepts as true which are supported by evidence (let's call that knowledge), the things one accepts as true for which there is no evidence (belief), and the things one accepts as true which are contradicted by evidence (delusion). Creationists make the error of thinking that "not including God" is synonymous with "excluding God" - they don't understand the concept of burden of proof. The are three categories, not two: including God, not including God, excluding God.
Steve Taylor · 2 April 2010
Anyone else tire of reading a paper where 50% of some pages is taken up with footnotes ? Its like he's not got his thoughts together properly or something.
nmgirl · 2 April 2010
"These are not questions that should be decided by lawyers and courts. They should be decided by scientists and by teaching our children the importance of science as a way of knowing. In the long run, our society will be better off if we equip our children to deal with these points of view rather than hide from them. "
larry, larry , larry,
There is no scientific controversy over the Theory of Evolution as the best explanation of the variety of life on earth. Scientists continue to disagree and argue about details but not the concept. and that is what we teach in science class.
John Kwok · 2 April 2010
Doc Bill · 2 April 2010
I agree with Larry (this is Larry M and not Larry F, right?)
Unban the arguments. All the arguments. Let's include the evidence for and against, bogus or not for: Tooth Fairy, Stork, Santa Claus, bigfoot, UFO's, healing crystals, magnetic bracelets, ESP, yeti, aliens, fortune telling, anti-gravity machines, Area 51, sea monsters, tarot cards, mermaids, telekenesis, Easter Bunny, astrology, lucky charms, magic spells, spoon bending, Elvis is Alive, Ouija boards, evil eye and scientific hypotheses that didn't pan out. (Oh, nearly forgot Peter Pan and Pan, but the list is very, very long)
Tell you what, Larry, you try this in Canada and let us know how it goes.
catherine · 2 April 2010
" . . . show that he isn’t and never was, and really wasn’t ever and really isn’t and never even came close to being an advocate of Intelligent Design, and so forth:"
Yes, but what is his true position? Unless you can tell us this, you will only confuse us!
I love the names Kitzmiller and Dover, don't y'all?
DS · 2 April 2010
Larry wrote:
"Let’s imagine that we have solid evidence for the existence of supernatural beings who sometimes meddle in the affairs of humans. This is a thought experiment, please bear with me."
Sure, let's imagine. if you have solid evidence it becomes science, at least potentially. If you don't, it doesn't. Pretty simple really. So, when you have such evidence, get back to us. Maybe then there will be some hard decisions to make. Until then, "you can't explain everything, therefore god" is not evidence. And "there might be some evidence some day, so start pretending there is right now" is not an argument.
I kind of think that such evidence would turn out to be a much bigger problem for religion than for science anyway. Science is very good at incorporating new evidence, religion not so much. Real evidence is going to falsify many belief systems. They are not going to be happy about that. Why just the discovery of intelligent life elsewhere in the universe is going to be a major blow to lots of religious belief systems, just like finding out that the earth is old and round was a problem for many.
Science is not wedded to naturalism. It uses methodological naturalism because it works. Religion on the other hand, is wedded to supernaturalism. Without that you have no real religion. And if your supernatural suppositions turn out to be wrong after all, what then?
John Pieret · 2 April 2010
Re Larry and Doc Bill:
What makes you think that, in the US, without a legal exclusion, science classes wouldn't be, in fact, religion classes for the vast majority of kids?
Of course, this is self correcting in the long run as our economy collapses but I'd rather not do the experiment.
raven · 2 April 2010
raven · 2 April 2010
Most people on PT have figured out the problem with theories that rely on supernatural explanations and magic.
There is no way to test them and find out if they are real and true. They never lead anywhere either.
It all becomes a matter of opinion. Historically and even today, supernatural explanations are decided by armies, guns, and bombs. Whoever is the last group alive gets to claim they were right.
No thanks. I'd rather publish peer review papers in the open literature and let my colleagues repeat them or not.
raven · 2 April 2010
I forgot to mention that there is absolutely no law or rule against people using "other ways of knowing".
Creationists are always claiming that "theistic science" is superior to methodological naturalism and those mean old scientists are suppressing it because they are all godless atheists*.
But they aren't. There is no law against "theistic science", no science police to kick down church basement laboratory doors. It is a free country. The religions have money. The DI and other groups spend $50 million/year, all on crude propaganda demonizing scientists. The xian churches take in c. $70 billion/year, a huge amount of money.
So why don't they spend it on theistic science? Most likely because they know it is nonsense and will accomplish nothing.
* This is a common lie of creationists. 60% of all biologists are religious, mostly xians.
sirhcton · 2 April 2010
I believe this is a variation of Bender's Description of Godhood: "When you do things right, people won't be sure you've done anything at all." It would seem to fall under the usual "God of the Gaps" category.
Pete Dunkelberg · 2 April 2010
Larry Moran · 2 April 2010
DS · 2 April 2010
Larry wrote:
"One—the USA model—strictly bans anything that might be remotely religious because of something that was written down on a piece of paper by some men who lived more than two hundred years ago."
So, in order to fix this supposed problem, we should give preferential treatment to some myths that were written down on by some guys on some scrolls thousands of years ago? What makes those myths any better than any others? Why single out certain myths to be debunked based on popularity? Why not just present the scientific evidence and debunk all myths simultaneously? Why not discuss scientific theories in science class and religious ideas in religion class? Maybe then students would be able to tell the difference for themselves.
raven · 2 April 2010
John_S · 2 April 2010
raven · 2 April 2010
Larry Moran · 2 April 2010
tomh · 2 April 2010
Pete Dunkelberg · 2 April 2010
Students are exposed to creationism, bring it up, and have discussions and get answers as I mentioned before. The main thrust of a science class is to teach science, not debunk other things. I'm not sure you are distinguishing law and curriculum and teachers' lesson plans and class discussions that arise.
tomh · 2 April 2010
JGB · 2 April 2010
I was going to attempt humor, but very bluntly critiques of the modern synthesis have been taught for years by competent high school teachers, namely Neutral theory and endosymbiosis. Of course the scientists responsible didn't flail about they kept producing actual data to back-up their controversial claims.
harold · 2 April 2010
DS · 2 April 2010
Now just how in the world can all criticism of evolution, or any scientific theory, be banned from the classroom? This is just sour grapes because criticism based on nothing but RELIGIOUS BELIEFS is not allowed to be substituted for real science. Deal with it already.
The theory of evolution has withstood every test and every criticism ever presented. It has survived a revolution in genetics, it has survived a revolution in molecular biology, it has survived a revolution in developmental biology. It is stronger than ever. Any and all SCIENTIFIC criticisms are welcome in science class. Why would you want it any other way?
No one is trusting lawyers to protect them. Creationists are trying to use lawyers to force their views on others because they have lost the scientific battle. If the law should ever demand that creationists claims be debunked in science classes, scientists will be more than able to do just that. Until then, why debunk something that is easily falsified by simply presenting evidence?
DS · 2 April 2010
Larry wrote:
"The world isn’t going to come to an end if you let Intelligent Design Creationists try and make their case in biology class."
That's funny, real scientists have to make their case in the scientific literature. That is how real scientists earn the right to have their ideas taught in science classes. Now why should one mythology be exempt from this standard? Why can't they make their case in the scientific literature? Oh wait...never mind.
Pete Dunkelberg · 2 April 2010
Harold, Larry isn't proposing to take your rights away or anything of the sort. He just wants arguments presented for criticism, let the chips fall where they may. As I see it, Larry has an inaccurate view of US law and and also classroom practice (which varies a lot from teacher to teacher) and this leads to other confusion. Aside from this, we agree.
DS, you don't need to tell Larry about evolution.
raven · 2 April 2010
Timothy Sandefur · 2 April 2010
harold is correct in all respects.
snaxalotl · 2 April 2010
James F · 2 April 2010
Natman · 2 April 2010
I've followed this debate from the (relative) safety of the UK for a while now (and by debate I mean the whole 'teach creationism/ID in science' thing). I've got to say, in answer to the general theme of Larrys comments, whilst the UK has nothing preventing the advocation of any religously inspired origin of life stories, we don't do it.
Basically put, it's not an issue. Only the most rabid fundamentalists would even try to raise it and they'd just get looked at funny until they shut up. Don't go thinking that the issue is global, it's not. I'm sorry guys, it's almost entirely an American problem. We've a very clear distinction between what's based on proven and well defined scientific evidence and what's based on a complete lack of anything resembling common sense.
raven · 2 April 2010
tupelo · 2 April 2010
hector_ · 2 April 2010
Larry Moran · 2 April 2010
Dale Husband · 2 April 2010
Larry Moran · 2 April 2010
Mike Elzinga · 2 April 2010
raven · 3 April 2010
John Kwok · 3 April 2010
John Kwok · 3 April 2010
While I appreciate your sentiment now judging from your most recents comments, I have to agree with Ken Miller. Teaching any form of creationism in a science class is a "science stopper". If it needs to be taught in a public school, then offer it either as part of a religious studies or philosophy course, not one devoted to science.
John Kwok · 3 April 2010
I might add too that ACORN has been accused of acting as a "slum lord" in managing the real estate properties that it owns here in New York City, primarily in Brooklyn and the Bronx. ACORN was seeking more ownership of additional housing units to be built at the Atlantic Yards complex, which is why it has been an enthusiastic supporter of Forest City Ratner's planned development (which many in the surrounding neighborhoods of Park Slope, Prospect Heights and Fort Greene are actively opposing, despite some recent legal set backs).
Dale Husband · 3 April 2010
tomh · 3 April 2010
tomh · 3 April 2010
Natman · 3 April 2010
Whilst the creationists mentioned in Northern Ireland may wish to alter what is taught in school (and NI is hardly representative of the UK - it's much more highly religious) it's still largely a non-issue. Subjects taught in science lessons are set by the National Curriculum, schools have very little say in what is on the agenda and tests and statistics are standardised nationally. The National Curriculum in turn is set by (supposed) experts in their subjects and not set at the whim of locally elected 'Boards'.
It might result in a certain level of weakness in terms of academic freedom, but it does mean that all British school children are getting taught the truth based on scientifically sound facts and not whatever corrupted vision is decided on by elected local officials with very little knowledge in the subject matter.
Larry Moran · 3 April 2010
Larry Moran · 3 April 2010
harold · 3 April 2010
Dave Luckett · 3 April 2010
tomh, the counter-argument is that parents who send their children to private schools are taxpayers, too, who are entitled to choice. About 35% of Australian schoolchildren receive a private-school education.
The private schools here receive subsidies from Government. These represent about the same amount as it would cost the Government to fund places in public education for their students. (Their parents pick up the rest of the tab in the fees they pay to the private schools.)
But to receive these subsidies, the private schools must meet curriculum standards, including in science. Evolution theory must be taught. It is examinable in public examinations. No person or body running a school will be licenced to do so - and yes, a licence is required, just as a licence is required to be an electrician or a plumber or a builder - unless they meet those standards. Specifically, a school may not teach creationism as science, or it will have its licence lifted.
I don't doubt that some private schools evade these requirements where they can. But they can't do it openly.
There are no local school boards. State education departments are responsible for administering education curricula and standards and inspecting them in all schools.
It is uncommon now, but there remains an option for public (ie State) schools to have clergy visit to conduct "scripture" lessons for the adherents of their religion or sect for half an hour a week. This is an "opt-in". Parents must register a consent. If no consent, students are given supervised activity in a different place. "Scripture" is far less common now for two reasons: one, a far greater religious mix, with fewer real adherents to any one creed; two, a dearth of appropriately qualified clergy.
There is no legal problem about this, though, as there would be in the US, since we do not have a separation clause, and it was never intended that there would be one.
TomS · 3 April 2010
Parliamentary Assembly of the Council of Europe Committee on Culture, Science and Education
"The dangers of creationism in education"
John Kwok · 3 April 2010
John Kwok · 3 April 2010
harold · 3 April 2010