judicialsupport

Legal Writing for Legal Reading!

Templeton Project: Unbelievers

Back in October 2015 I wrote about the inauguration of the Abington Templeton Foundation (see here).  The project is now underway (see here) and I will be posting our writing here.

Check out the latest piece entitled “Unbelievers.”

See also:

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Yessource: 2015 – Yes Progeny Adverts

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

YesSource: 2014 – Heaven & Earth Music Videos

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

Gil Smart on Liberalism

The Homeless

This article is part of my posts on the economic system of distributism.  This is from practicaldistributism.blogspot.com which you can find here:

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The issue of the homeless in society is starting to get more attention in the news in the United States. Unfortunately, I suspect that this is only because of the upcoming presidential election. It would be unfair to say that this issue gets no attention at other times, but it does seem to me that the level of attention has increased as a topic of interest for our federal elections. While any public attention to this issue is welcome – it is a real issue that needs to be addressed – it does seem that the form of attention and the ways of addressing it leave a lot to be desired. I think this is true from both a general perspective as well as a specifically distributist one.

Homelessness appears to be on the rise in the United States. While there always has been, and undoubtedly always will be (Mark 14:7) homeless among us, the number of people living on the streets does appear to have increased a great deal in recent years. It is possible that, with some cities declaring themselves to be “sanctuaries” for the homeless, some of them have managed to migrate to those urban centers. To the extent that this is true, it could be said that the number of homeless has not increased as much as the concentration in urban centers has. Why is this issue relevant to distributism? Because this social issue touches both on the economic and the political life of communities throughout the country and around the world.

From a distributist perspective, homelessness, like most things, should be handled on as local a basis as practically possible. Our current political and tax structure may limit this, but that can and should change. Religious and other private organizations should be the front line in providing hands-on assistance as much as possible. Locally run government assistance programs should be established for what these other organizations are not able to handle. From the distributist perspective, the fact that an issue is wide-spread does not mean that higher levels of government become the primary actors in addressing it. Therefore, distributism doesn’t prohibit higher levels of government from offering assistance to the local providers of helping those in need, but they must not be allowed to usurp the role of the local organizations and government in directly addressing the issue. Therefore, even though homelessness is an issue throughout our society, and addressing it may require assistance from state or federal government, this assistance does not include setting policy for, or direct management of, assistance to those in need when more local organizations can do this.

We cannot ignore the concerns of those in the community who are not homeless. Many of them would willingly help the homeless, but also need to have their own concerns related to this issue addressed. These people would have the most motivation to help the homeless for both altruistic and personal reasons. Altruistic because they can see those in need and want to assist them. Personal because they are being negatively impacted when the homeless block sidewalks and doorways, and defecate and urinate in public parks, on the sidewalks, and in the doorways. Customers are driven away, businesses suffer or close, which means that these people have less money available to help those in need. Eventually, they will move away, taking their businesses with them, which means that there are fewer people to support the programs to help the homeless.

Another aspect where our society seems to be failing to address the issue of homelessness is that those (in government) who have taken charge of addressing it don’t seem interested in identifying the various aspects to the problem. A “one size fits all” simple solution will not successfully address the issue because there are different reasons that people are homeless. You can’t simply say, “we’ll provide housing” to solve the problem if the problem goes beyond the simple availability of housing – and it does. While this is certainly a simplification, I believe we can identify at least four broad categories of homelessness which will clearly show that one solution will not be able to succeed in addressing the problem.

The first category, and maybe the largest, are those who are addicted to drugs. Some people will argue that these people are voluntarily homeless because they voluntarily started taking drugs, however we know that the drugs being used by the homeless alter mental processes and are so strongly addicting that they truly need outside assistance to break the drug use cycle. Therefore, I cannot agree that these people can truly be categorized as voluntarily homeless. Being under the influence of mind-altering drugs while out in public presents a public danger. Therefore the local government has an obligation to protect its society from those who fit in this category. There are programs out there which have been successful in assisting those in this situation to get off these drugs, and we should promote those programs implemented according to distributist principles as much as possible.

The second category are those who have some kind of mental illness or condition. Some might try to group these people with those addicted to drugs, but I disagree (although there may be some overlap of the two). Where those who are addicted to drugs are in their condition because they take drugs they should not, some of those who are mentally ill are homeless because they don’t take the drugs they should. Some don’t take the drugs they need because their addiction still controls them, and others because they could not afford to get the drugs they needed. Additionally, there are those with mental illnesses for which there is no effective treatment.

In both of the cases above, leaving these people out on the street without “harassing” them is not an act of compassion, and it certainly doesn’t help them or the community negatively impacted by them. If we are committed to helping them, we must provide and support the institutions and programs which takes them from the street and into programs to help them and keep them off the street. These people are not only in need, but are suffering in a way that goes beyond their ability to help themselves.

The third category of homeless are those who are “down on their luck.” They are the ones whose jobs have been eliminated or outsourced to other areas. They do not have the means to get the training they need to change careers or to move to where the jobs are. Programs to assist these people to get training, to live while they get it, to help them get jobs, and to get to where the jobs are, need to exist. I am including in this category those who desire to work to support themselves and their families.

I believe there is broad support for helping those who fall into these three categories, even if that support is for different reasons. These are people who are in true need of help. I believe both a personal and a social responsibility exists to help them (Matt 25:34-46), and by doing so to help the overall community.  This would serve the common good, that is the good of the individual and also the good of the community as a whole.

The fourth category of homeless, which I believe is a small minority of the homeless, are those who are truly voluntarily homeless. Those who have chosen this as their own way of life separate from the community, but also simultaneously within it. I do believe we need to remain open to a certain degree with these people and not disrupt them unnecessarily. However, if they are living within a community, and taking advantage of the public goods of the community without actually being a part of the community or contributing to it, they are effectively stealing resources from those in need and from the community they refuse to join. If they are capable of supporting themselves but choose not to, then the social obligation to them is less than it is to the other categories. They should still be treated with human decency, but that doesn’t mean we have to support them in their chosen life style or blithely accept them disrupting the community, especially when doing so would use resources intended to help those in real need. We must treat them with justice, but justice is equally owed to the society at large.

I have listed four broad categories, and I believe that each of them could be divided into sub-categories. It is an unfortunate reality of our time that neither of the major political parties, and the various economic philosophies, seem to be willing to truly address homelessness in the various ways it needs to be addressed. I believe that part of the reason for this is that they all approach it from either a highly centralized or extremely individualistic perspective. Both of these perspectives tend toward over-generalization in order to win the broadest level of support. The distributist movement looks at this situation from the local perspective. If the homeless in a particular community are those down on their luck, they can focus their efforts of assistance to address that problem. Another community where the majority of homeless are addicted to drugs can focus on that.

This is why distributists accept the idea of subsidiarity. The local community knows its problems better than more centralized and distant governments. They are in the best position to address the problems, even if they need assistance to accomplish what needs to be done.

References:

Seattle is Dying

 

Yessource: Live in Tokyo, 11/25/14

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

Templeton Project: Saint Paul’s Civility

Back in October 2015 I wrote about the inauguration of the Abington Templeton Foundation (see here).  The project is now underway (see here) and I will be posting our writing here.

Check out the latest piece entitled “Saint Paul’s Civility.”

See also:

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When brought before representatives of the state, described in the Book of Acts,  Paul showed great respect without timidity. From the following analysis it is hoped that some rules of engagement with unbelievers, especially atheists, will emerge.

In the latter part of the Book of Acts Luke tells us of instances when Paul makes a defense before a crowd and state authorities.  His defense is in response to being accused of desecrating the Temple and false teaching.  To the crowd he told of his life including his involvement against those who follow the Way (Christians) and his conversion and call.  The crowd would hear no more and grew violent.  The next day Paul spoke before the Jewish Council, where he defended his belief in the resurrection from the dead, a matter of contention between Pharisees and Sadducees, and the reason for his troubles.

In protective custody Paul is taken to Caesarea where he speaks before the Roman governor, Felix, and, two years later before King Herod Agrippa II and Festus, the Roman governor.  In the first instance he defends himself against the accusations of the high priest and one Tertullus, representing the elders.  Paul says that he cheerfully makes his defense, a description that shows that rancor and bitterness were not found in his demeanor or words.  The apostle claims that he worships God according to the Way (Christians) and the Law and Prophets.  He does this with a clear conscience.  Then, he describes what happened that led to his imprisonment.  Paul claims that it is because of the doctrine of the resurrection that he has been accused.  Days later Paul witnesses to Jesus Christ before the governor.  We can take from the speech that Paul showed great respect for authority and witnessed to the Christian faith.

Two years later Festus became governor.  During these years Paul remained in jail.  Serious accusations were brought against him as before so that he again made his defense in a judicial setting.  Festus briefed King Agrippa about the case.  The king wanted to speak to Paul himself, the occasion for the apostle making another defense. In his defense before Agrippa, Paul mentions again that the controversy pertains to the doctrine of the resurrection of the dead.  He tells of his persecution of Christians and of his conversion to Christ and call to proclaim the Gospel.  He has witnessed to Jews and Gentiles about Jesus Christ and also witnesses to Festus and Agrippa. Both the king and governor agreed that Paul had done nothing wrong.

Paul shows respect, clearly explains the situation that led to his imprisonment, and uses his predicament to confess Christ without timidity.  In our own defense with those who are unbelievers and atheists we should remember these characteristics.

Some principles to apply:

  1.  Do not call people, Christians or pagans, abusive names, but honestly apprise them of their situation with accurate nomenclature.  Names that describe accurately their views or the consequences of those views are acceptable.
  2.  Use your defense as an opportunity for witness to Jesus Christ.
  3. Be prepared to describe the church’s doctrine.  If you are inadequate to this task, join a Bible or  theology study or study on your own.  Participating in a group is preferable.
  4.  Pray for those you might encounter and ask the Lord for the self-control not to get angry.
  5.  Always wish for the other’s spiritual welfare that involves confession of Christ as Lord.
  6.  Know your own faults and limitations to the extent that it is possible and repent of them so that you may not become prideful.
  7.  Observe the culture closely and read up on what is going on around you.  Be a close observer of human nature.
  8.  Follow rules of politeness: do not interrupt someone with whom you are conversing; listen carefully, try to understand where the other person is coming from and where you might help that person re-think his position; do not show contempt or disdain for the other; and do not claim intellectual or any other kind of superiority.
  9. Do not fear.  The Lord is with you.

 

Michael G. Tavella

June 6, 2019

Joe Arcieri Songs: Come Undone (Rock Ver 1.6)

Joe Arcieri is a friend of mine who I worked with for many years during my ten years working for Acme Markets.  Joe, when not stocking milk or saving lives as a nurse, is an excellent guitar player.  I have had the privilege, from time to time, of (badly) plunking my bass guitar with Joe as he melts a face or two with a great solo.

As great musicians do, Joe has written some of his own songs and keeps a soundcloud site to post them.  When I have opportunity, I will post his music here as well.

Here is his composition called “Come Undone (Rock Ver 1.6)” which you can find here.

Here are the links to the previously posted songs by Joe:

Studies Are Usually Bunk, Study Shows

An interesting detail went overlooked in the fury over fired Google engineer James Damore ’s “diversity memo.” At the end of the document he calls for an end to mandatory “Unconscious Bias training.” Large corporations often force employees into re-education classes, this one a dull, hourlong, 41-slide seminar supported by study after study. Can these studies be trusted? Doubtful. Hands down, the two most dangerous words in the English language today are “studies show.”

The world is inundated with the manipulation of flighty studies to prove some larger point about mankind in the name of behavioral science. Pop psychologists have churned out mountains of books proving some intuitive point that turns out to be wrong. It’s “sciencey,” with a whiff of (false) authenticity.

Malcolm Gladwell is the master. In his 2008 book, “Outlier,” he argues that studies show no one is born better than anyone else. Instead success comes to those who put in 10,000 hours of practice. That does sound right, but maybe Steph Curry shoots hoops for 10,000 hours because he is better than everyone at basketball in the first place. Meanwhile I watch 10,000 hours of TV. Facing criticism, Mr. Gladwell somewhat recanted: “In cognitively demanding fields, there are no naturals.” News alert: Professional sports are cognitively demanding.

Many of the studies quoted in newspaper articles and pop-psychology books are one-offs anyway. In August 2015, the Center for Open Science published a study in which 270 researchers spent four years trying to reproduce 100 leading psychology experiments. They successfully replicated only 39. Yes, I see the irony of a study debunking a study, but add to this a Nature survey of 1,576 scientists published last year. “More than 70% of researchers have tried and failed to reproduce another scientist’s experiments,” the survey report concludes. “And more than half have failed to reproduce their own experiments.”

Bunk medical studies are worrisome, but who really cares about pop behavioral science? It’s easy to write this off as trivial, except millions take these studies and their conclusions seriously. The 2008 book “Nudge,” from academics Richard Thaler and Cass Sunstein, called for “libertarian paternalism” to push people in the right direction. But who decides what’s the right direction? Turns out the answer is Mr. Sunstein. He was hired by the Obama administration in 2009 to run the Office of Information and Regulatory Affairs. Call it psychobabble authoritarianism.

In his best seller “Blink,” Mr. Gladwell finds studies suggesting we are all unconsciously biased sexists, racists, genderists, ableists, and a litany of other “ists”—victimhood’s origin story. Newer research has deflated this theory, but the serious conclusions, and boring training seminars they inevitably lead to, remain. In her first debate against Donald Trump, Hillary Clinton channeled her inner Malcolm Gladwell and declared: “Implicit bias is a problem for everyone, not just police.” Everyone? Speak for yourself. It’s as if she called an entire slice of society deplorable.

Psych labs are being replaced. In the past decade, companies have built vast platforms to probe, test and study humans every time they search, like or snap. Google runs what are called Split A/B tests, dividing users into groups and testing usability and other features to see what works best. In 2014, Facebook caused a bit of a stir after altering 689,000 users’ newsfeeds to see if the company could manipulate their emotions. It could. Good or bad, this is the future of studies.

The world is not binary, but conclusions drawn from studies always are. These studies show whatever someone wants them to. So stay skeptical and remember: Correlation doesn’t equal causation. If only I could find a study that shows this.

Mr. Kessler writes on technology and markets for the Journal.

Copyright ©2019 Dow Jones & Company, Inc. All Rights Reserved.

Appeared in the August 14, 2017, print edition of the Wall Street Journal and can be found here.

Yessource: Heaven & Earth edits and remixes

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

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