We like to hate lawyers, but the real problem with our laws is that they are written by politicians.
Author: henry
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The Complexity and Imperfection of Solutions
According to an NPR story, the clearance rate for murder, meaning the percentage of cases in which someone is arrested (or identified), is 64.1% nationally. This will vary by community. That means that a lot of murderers have not been identified and have been running around the country while being murderers.
If that shocks you, color yourself naive. Yes, the clearance rate has dropped badly, while at the same time the rate of violent crime has dropped, yet even at 90% clearance, a significant number of murderers got away with it. Certainly, enough got away with it to convince arrogant potential murderers to think they might be the one that gets away. A key factor in preventing any activity that’s criminal or disapproved is the extent to which the criminal expects to get caught. For a summary, see Deterrence in Criminal Justice. (I’d prefer to cite other sources, but they are behind a pay wall, and this article cites those sources.)
My point here is not criminal deterrence, but rather the fact that the things we do to achieve a result are not necessarily going to achieve the result we expect. For many people the way to eliminate an undesirable activity is to make it illegal. If you make a law, you’ll fix the problem. But we live regularly with problems that have not been fixed by the laws created for that purpose. Politicians know how to play on expectations when they name laws. The Affordable Care Act does not necessarily provide affordable care and the Violent Crime Control Act may not actually control violent crime. Even when things go well the cause may not be the one seen as obvious.
There is a common saying that you can’t legislate morality. In one sense that’s nonsense, in that you can write any law you want. You can even declare the Bible to be your basic law. I’d love to see the hermeneutic used. Personally, I would want Matthew 7:1 to be absolutely and universally applicable, but then I have a bit of the anarchist in me. You can write a law telling people not to be selfish, but enforcement might be a problem. So yes, you can write a law saying anything, but that law might not be effective. So in another sense, it’s good sense, in that you have to legislate behavior, not morality, and laws vary in how well they can control behavior. In yet another sense, even a law that successfully alters behavior will not necessarily make those who follow it more moral, and in that sense you really can’t legislate morality.
Most of us want to do so, however. We want to make laws that really fix problems, and we expect that, having made the law, the problem will be fixed. This leads to a great deal of very bad law. I use a rule of thumb. If you hear words like “epidemic,” “national tragedy,” or other similar words, assume that the resulting legislation will be a mess, often causing more problems than it solves and ruining many people’s lives in the interest of solving perceived problems. As in the case of immigration and refugees, often these laws are written to solve problems that don’t really exist.
Watch out as well for “even one ____ is intolerable.” You’re not going to eliminate all instances of a behavior that anyone perceives as desirable. Someone is going to do it. We hear this with topics such as child abuse, murder, terrorism, or sexual crimes. “Not one case!” yells the politician, sounding so virtuous and determined. But at a minimum, there’s one lie there. Nothing that politician does will eliminate all cases. The law cannot make you perfectly safe. As you hear about solving the “opioid epidemic,” be aware that government agents will be ruining the lives of people who are genuinely trying to live with pain, all in the name of preventing addictions by someone else somewhere else.
I find it totally amazing that people who advocate limited government in some ways are quite determined to get the government more involved elsewhere and somehow assume that the government’s actions will be effective. The same issues that make regulatory agencies subject to stupidity and chicanery apply to every other aspect of government as well. Your local police or the FBI can be a bureaucracy as much as the EPA.
That doesn’t mean there shouldn’t be a law. It just means that we need to shed our naivete about how making laws will fix things. Here are some key points:
- Correctly identify the problem. I have no idea how many people want to solve an epidemic of violent crime while violent crime is actually in decline. That doesn’t mean we don’t need to do some work. I believe we do. But we need to look at what the actual cause is.
- Look at solutions that will actually improve the situation. If the likelihood of getting caught is, indeed, more critical than the severity of sentence (see citation above), then what we need is better enforcement, not longer sentences (or some combination). You might need to increase the size and training budget of your police force rather than changing the criminal laws themselves, for example.
- Do not expect any solution to make you perfectly safe. The world will still have murderers, rapists, terrorists, and other evildoers in it. Trying to make the law accomplish more than it can is wasteful and increases the negative effects.
- Once legislation is in place, test it. Find out what has happened and do your best to determine what the cause was. Review the law and its results.
- Be ready to hear about revision. Fear of what may happen if we change often prevents reform efforts. For example, for those who believe that there should be a welfare safety net, the idea of welfare reform is frightening. Fear prevents progress. It can also prevent deterioration, but that’s not at all guaranteed!
- Don’t believe the labels. The name of a law doesn’t mean the law does what it says. Politicians are veteran label manipulators.
In this information age, there is a great deal of data available to you. Read it instead of the anecdotes (many of them false), shared on your Facebook feed.
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No YouTube Bible Study Tonight
I will resume the studies next Thursday night. Some unforeseen scheduling problems intervened.
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Not Just Money
On New Year’s Day this year I was struck by two texts and decided to make them a kind of theme texts for living during the year. I didn’t really make a plan or a resolution. I was just impressed to keep these two texts available and look at them. I’ve found that I actually end up looking at them at random times. They are Philippians 1:27-30 and Ephesians 5:1-2. At some point I’ll talk about the phrase “be imitators of God” in Ephesians 5:1, which I find challenging, or perhaps intimidating would be more the word.
Today, however, I read on after the end of chapter one into the first four verses of chapter 2. Here Paul challenges the Philippians to do nothing from selfish ambition or contentiousness (two closely related ideas!) or from vanity (we could spend a day meditating on that word), but to count others as greater than oneself with humility. Again, we could talk about the latter. Have you ever experienced someone counting something else greater than himself with no humility at all? “Look how great I am! I count even this lowlife failure as more important than I am!”
But then there’s verse 4: “Don’t look out for your own interests, but for the interests of others.”
Now there’s the one. If the church should have a key verse, this would be it, I think. It contrasts to the world’s value, expressed to me once by someone advising me on my business: Ain’t nobody cares about your business like you do!
Now you see how my thinking turns toward business and the making of money. I have nothing against those things, but it’s actually quite easy to be generous with your money and to be contentious and vain with everything else. Thousands of brass plates on church pews, stained-glass windows, and other objects designated for “spiritual” use testify to the fact that there are people quite generous with their money while satisfying their vanity. If you don’t believe me, try removing one of those labeled pews or swap out the stained glass window. Even worse, leave the pew or the window there but remove the name plate. Vanity will jump up and slap you in the face!
Looking after our own interests crops up everywhere. Why is the color of the church carpet a very contentious thing? We all have colors that we’d like to look at, and colors that we don’t find pleasing. How many times have you heard people argue carpet color on the basis that it would serve someone else better?
What about a misspelled name in the bulletin when someone serves on Sunday morning? Have you ever heard the complaints about that? The church secretary ought to be fired!
I don’t mean to list all the ways we can be contentious, as they are so numerous, and so many of them do not have to do with money.
“Look out for the interests of others,” says Paul.
One of the great problems with our witness in the American church is that we are so much like all the people we’d like to witness to. We want to explain all the theology to them and get them all straightened out. But what we really need to do is look out for the interests of others.
And to be a good witness, we need to extend that action outside the church community as well.
On page 25 of his little book Stewardship: God’s Way of Recreating the World (Topical Line Drives), Steve Kindle quotes 2 Corinthians 8:3-5. I’m just going to highlight one clause: “they gave themselves first to the Lord.” That’s the foundation of stewardship. It’s also the foundation of living in Christian community, and it’s the foundation of being an actual witness (not just a nuisance) to those outside the community. Looking out for God’s interests, perhaps. God is very interested in God’s children, in God’s creation.
Who is welcome in your church? How will they live with you? How will you live with them? Do you give yourself to God first and then look out for the interests of others instead of your own?
If you’ve followed me this far, let me suggest a question to think about. If a man and a woman entered your church this Sunday and the woman was wearing a hijab, while both clearly looked middle eastern, what would your reaction be?
(Featured image credit: Openclipart.org.)
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Wanting to Be Right Theologically
I work on a heavy schedule, and as someone who is self-employed, with two distinct lines of business, I very rarely see a blank to-do list. In fact, now that I think about it, it has been several years since I finished a day and could say I was done.
I identify a couple of goals here. First, I’d like to be done at some point. “Now I can go on vacation,” I would say, “because everything is done.” Second, I want to get as much done as possible, not to mention a few impossible things. In reality, I’m not going to be satisfied on either of those points.
Quoth Paul, “Oh wretched man that I am! Who will deliver me?”
You may think I’m being irreverent to use that quote, in which Paul is referring to his own inability to do what he knows is right and wants to do, but I think it’s closer to the mark than most suspect. So let me first illustrate what I’m talking about with my work, and then get back to the spiritual lesson.
No, that’s not quite right. Getting done with my work is physical, mental, and spiritual process. One of our problems is that we spiritualize spirituality until it has nothing to do with daily life. Ideally (another interesting word), we’ll see the physical and the spiritual working together. Everything from doing the dishes to writing a book to running a marathon (as my friend Dave Black is about to do) is both physical and spiritual; above all, real.
Thus I start with the illustration of how I can attack my day. There are two extremes I can take. The first is my natural inclination. That is, I get up in the morning, come to this computer (most of my work resides in its chips), and start attacking my list. I’m not really a list person, but reality has forced lists on me. If I find myself failing to accomplish the list, I add hours at the end of the work day, all the while wishing I could add hours to the physical day. This process is direct, measurable in effort and results, and easy to understand. More work = more accomplishment.
Before I go to the next option, let me tell you about the problem I have with leaving the first. Mary Heaton Vorse (I believe she originated the saying) said that writing was the art of applying the seat of the pants to the seat of the chair. She was absolutely right. The arts of editing, designing, and marketing are much the same. So if chair meets backside for more hours, more will get written. Authors (and editors, designers, marketers, and perhaps all humans) have many excuses for not having seat meet seat, one of the most common being that you can’t force creativity. Editors, who like to disembowel the excuses of authors, like to point out that you’re not being all that creative outside of the chair either. Writing great novels in your imagination is perhaps not all that likely to bring either fame or fortune!
So having written one or two books myself, and having published around 170 by other authors, I have a strong tendency to stick with Mary Heaton Vorse.
Not so fast!
I also know that creativity will demand its pound of my flesh. One of my techniques for planning out a cover or the chapter headers for the interior of a book is to put them on a computer screen I’m not using and walk by them every so often. This is a way of forcing me to become so disillusioned with the current state of the object that I will come up with a new look just to preserve my sanity. Put less bluntly, I look at it, think about it, and suddenly come up with an idea. Then I apply back side to chair and implement, generally followed by more looking.
Now we turn to the second approach to my day. In this approach I ask what makes me productive. I could list a number of things, such as getting enough sleep. Staying up late to finish a project can get it out the door on schedule, while actually making me further behind overall. I am less efficient on insufficient sleep. Failing to spend time in daily devotions makes me less efficient. It’s easy—almost irresistibly easy—to decide that I’m too busy for that devotional time and simply jump into work. In fact, as I write, I must confess that this morning other than prayer time before I got out of bed, I am writing without devotional time. But this blog post struck me as I prayed (no, I’m not telling you this is God’s word; it’s just my musings), and here I am, drawn to the keyboard and the chair.
Walking is also important for my efficiency. If I don’t get active, I’ll find myself accomplishing little. Walking can be done at any time of the day, and therein lies another problem. Can I stop working and take a walk? Can I stop working inside and go out and clean up branches in the yard? The second is easier than the first. Why? Because it feels like I’m working toward a goal. What is walking but time when the seat of my pants does not connect with the seat of my chair and thus is wasted? At least cleaning the yard produces stacks of broken branches and piles of leaves!
But, and this is a serious “but,” thus gaining the initial point in this paragraph. But, I say, this impression is an illusion. Yes, I need to work. I need to accomplish things, but I also need to do things that keep me functional. There is a balance here that is not helped by my tendency to think in extremes. If I could just work 16 hours straight, the book would be done, I think. But that doesn’t work. There is a balance, a place where things work best.
But, another serious “but,” I want to be able to say how hard I work. If I rest, in order to be more efficient, I can’t say I worked 16 hours, thus impressing other people with my diligence and dedication. Saying that I ordered my day to preserve mental, physical, and spiritual health, and thus actually accomplished more work than I would have if I had gone with Plan A just doesn’t have the same ring. Deep inside me is this little voice telling me that approach sounds lazy. Somewhere in there is another voice that tells me it is lazy. The voice that tells me it’s lazy lies like a rug. The one that tells me others will think it’s lazy is just irrelevant.
I’m so programmed for work that I tend to listen to those voices anyhow. “Oh wretched man that I am! Who will deliver me?”
Can you perhaps see some of our problems with spiritual things? In our minds there is a God out there demanding this ultimate perfection, incredibly wonderful holiness, and the attainment of unreasonable standards. We’ve even made a theology of it. We’re so desperately wicked and God is so holy that we are without hope. Jesus comes in and makes up the difference. That’s fine, except that we don’t really buy it. So we come up with new ways to try to attain “rightness” with God.
Way, way back in the ancient days, it was by offering enough of the right sacrifices. Then we weren’t sure, so we offered more, all the while letting actual righteousness get lost in the scramble to offer the right sacrifices. Then we got hold of Jesus, so to speak, but since we couldn’t really believe that things were taken care of, we had lists of works. We’d try to make sure we got the lists done, and we were afraid that if we didn’t quite manage that, we’d be lost. (This isn’t a critique of Catholic theology, but of human existence. I don’t think the change of theology does nearly as much as people hope.)
Come the reformation, we renewed the idea that God had taken care of it. We ended all the sacrifices with Jesus and now the reformation wanted to end all that checklist work being righteous enough to get to heaven. But we really didn’t want to believe that either, so we came up with righteousness by correct theology.
I personally think the demands of theological correctness are much greater and much more sinister than the demands of correct living. The farmer in the field or the construction worker laying bricks could hope to live with integrity and carry out acts of charity. But now we have details of theology that must be learned but that many people don’t really get. There are those who demand, however, that they be understood. I was told once that if I didn’t realize that Christ had died for my sins and that I was thus “once saved, always saved” irrespective of any future event, I was not in fact saved at all. In this man’s view, my understanding of the theology was critical to my salvation. I might be incapable of doing one righteous thing (he made sure to quote scripture on that), but I must be capable of righteously (and rightly) understanding his view of the atonement, else Christ died in vain.
We replaced the vanity of gaining righteousness by performing the right ritual with the vanity of performing the right set of deeds. Then we replaced the vanity of the deeds with the vanity of our understanding. All the while our lives continued to do very little to reflect righteousness by any standard.
“Oh wretched people that we are! Who will deliver us?”
Jesus, I think, if we’ll listen. Matthew 5:48 says to be perfect, but Matthew 7:1 says not to judge. Interesting that we try to apply that to others (while missing “by their fruit” a few verses forward), but not necessarily to ourselves. Earning the favor of God by doing things that are, really, the best things for ourselves and doing them perfectly is, of course, impossible. We can’t attain this. We might as well hope to reach the pole star by walking north!
But here comes grace, ready to take that burden from you. To quote Paul again, “Thanks be to God through Jesus Christ our Lord!” It’s the realization that you don’t have to reach the pole star, but you can walk north. You can go ahead and have times of rest in your spiritual life. Why? Because you live in grace. You can work on your own sanctification. Why? Because God has given you the space.
If you spent your time trying to attain the pole star, you would have serious problems getting over the next hill. In an article titled North Star Closer to Earth than Thought, I found the estimate that it’s only 323 light years to Polaris, the current pole star. I also found an estimate that it would take 225 million years to walk one light year at 20 miles per hour. (I think the writer has a problem with the concept “walk.”) But even at that clip, Google tells me that 225 million times 323 light years is seventy-two billion six hundred seventy-five million. Of course that is shortened from ninety-seven billion six hundred fifty million by the new measurements (323 light years to Polaris rather than 434)!
That shortening is sort of like saying, “No, you don’t have to accomplish all these deeds, just make sure you get the right set of beliefs. Then it will take only a bit under 73 billion years longer than you’ll live instead of 97 billion. Rejoice! Sing Hallelujah!”
We need to let grace free us from the need for judgment, and then we can seek God without the constant worry that our experience and understanding are inadequate. Of course they’re inadequate! But God …
You were dead through the trespasses and sins 2 in which you once lived, following the course of this world, following the ruler of the power of the air, the spirit that is now at work among those who are disobedient. 3 All of us once lived among them in the passions of our flesh, following the desires of flesh and senses, and we were by nature children of wrath, like everyone else. 4 But God, who is rich in mercy, out of the great love with which he loved us 5 even when we were dead through our trespasses, made us alive together with Christ[a]—by grace you have been saved— 6 and raised us up with him and seated us with him in the heavenly places in Christ Jesus, 7 so that in the ages to come he might show the immeasurable riches of his grace in kindness toward us in Christ Jesus. 8 For by grace you have been saved through faith, and this is not your own doing; it is the gift of God— 9 not the result of works, so that no one may boast. 10 For we are what he has made us, created in Christ Jesus for good works, which God prepared beforehand to be our way of life. (Ephesians 2:1-10, emphasis mine)
Perhaps we should give up the works and the judgment, especially self-judgment, and live.
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When Definitions Tangle: Law vs Law and Will vs Will
I might have said collide, as sometimes seems to be the case, but let’s start with tangle. Here’s Paul in Romans 2:
12 All who have sinned apart from the law will also perish apart from the law, and all who have sinned under the law will be judged by the law. 13 For it is not the hearers of the law who are righteous in God’s sight, but the doers of the law who will be justified. 14 When Gentiles, who do not possess the law, do instinctively what the law requires, these, though not having the law, are a law to themselves. 15 They show that what the law requires is written on their hearts, to which their own conscience also bears witness; and their conflicting thoughts will accuse or perhaps excuse them 16 on the day when, according to my gospel, God, through Jesus Christ, will judge the secret thoughts of all. (Romans 2:12-16, NRSV, courtesy of BibleGateway.com).
What definition of “law” can you use that will actually make sense of everything Paul is saying. Those who have sinned “apart from the law” also perish “apart from the law.” First inclination is to think those without Torah perish without Torah. Of course we might compare Romans 7:7 and ask just where is sin without a law. To get out of Pauline literature, we might note that 1 John 3:4 identifies sin as the transgression of the law (or lawlessness), while (back to Paul again) “whatever does not proceed from faith is sin” (Romans 14:23). Pardon me for jumping about, but I’m illustrating the problem of definitions here.
Then we have verse 13, where the “doers of the law” will be justified, except that we can refer to Galatians 2:16 (another book, but still Paul), where we are informed that nobody will be justified by the works of the law. So is Paul referring to the same law in Galatians 2:16? I’m not going to resolve all this here. I’m just suggesting the serious need to look at definitions. I’ve heard these various passages put together, and I myself have quoted 1 John 3:4 as though it came from Paul, just because I have it squirreled away in my brain along with Paul-talk.
But just with Paul’s discussion we may be looking at some tangles, as verse 14 suggests that Gentiles, not possessing the law, might instinctively do what the law requires. Now doubtless this doesn’t refer to the Gentiles instinctively knowing to practice Leviticus 6, which provides detailed instructions for a trespass offering. Not to mention any number of chapters around it. So there’s something other than the details of Torah that Paul has in mind here. From verse 15, “what the law requires is written on their hearts” suggests the same thing, and apparently God will judge them according to the law that they have.
My own though here and throughout the writings of Paul is that he sees an overall law of God which is then instantiated for those God is working with. The law (as you have it) reflects the law (as God desires it), and expectations are laid on you accordingly. The closest reflection of living by God’s law would be when our acts proceed from faith (Romans 14:23). I’m not really trying to fill out this thesis here. Rather, I’m suggesting that a great deal of confusion in reading Paul would be eased if one were as flexible in understanding the word “law” and connected phrases as Paul is in using the term.
Which leads me to the term “will.” What is God’s will? What is God’s plan? Some people are wonderfully comforted with the idea that God has a plan for their lives. Others are not that happy that they don’t really have a choice. Sometimes these ideas clash even when they are used by people who would both (or all) say that they want to live “in God’s will.”
But what do we mean by that?
I would suggest that we, in the modern church, are even more flexible in our use of “will” than Paul is in his use of “law.” I would suggest that God’s will is actually a very flexible thing. God’s plan for your life is that you make the best use of your gifts and talents according to the principles of God’s law. Just what has God decided and what is left to you? Listen, think, act, and enjoy.
God is flexible enough to deal with it!
(Featured Image credit: Openclipart.org.)
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Energion Tuesday Night Hangout
Tonight my guest will be Dr. Bob LaRochelle, author of books such as Crossing the Street and A Home United, and we’ll be talking about adolescents and faith. Bob is preparing a manuscript for release late spring or early summer on this topic. Join us and bring your questions.
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Teaching How to Experience God
At my home church, Chumuckla Community Church, we’re going through the Experiencing God workbook. There will be 10 sermons, and then discussion groups. My wife Jody leads one right after church each Sunday, and I’m part of that. Doubtless someone will suggest that the book is somewhat more conservative than the theology I express on this blog. I’m delighted that this is the case. Later I’ll read something that’s more liberal and I’ll be delighted with that as well. I believe God is just as happy to talk to conservatives as to moderates and liberals.
The thing that bothers me about all teaching materials that deal with the experience of God’s presence, whether through listening to the Holy Spirit, expectation and exercising of spiritual gifts, or following God in any other way, is that it is often uncertain ground. In fact, I would suggest that if there isn’t an element of risk, you’re not really talking about experiencing God.There are two basic approaches to trying to teach someone else to experience God. First, one can be prescriptive and define parameters. Second, one can be descriptive and open doors. In reality, of course, an individual’s approach will fall somewhere between, but there is usually a tendency one way or the other.
What I have found is that the most important thing any teacher can do regarding prayer, hearing from God, experiencing God, finding God’s will, or simply sensing God’s presence is ground clearing. Most people who want to hear from God or experience God aren’t simply looking for a formulaic approach they can follow. Rather, they’re usually facing barriers to the experience. Often these barriers are really good approaches they learned from someone else, but which do not work for them.
For example, my wife and I pray differently. Yes, we have times of prayer together, but when we’re each in our private time with God, we take a different approach. She likes music. I like music, but not when I’m praying. She’ll turn on the music and enjoy her time talking with (with, including listening) God. I start with scripture. I will select a passage and read without forcing the pace. I read very fast when that’s what I intend. In prayer time I read slowly and allow the words to direct me into communion. I will sometimes be directed to a different passage.Jody’s prayer time would be really unfruitful if she used my method. She’s likely to end up looking at scripture, but that will come as she hears from God in her prayer time. I, on the other hand, find music uplifting and energizing, and often use it to get myself charged for work on a day when I’m feeling slow. Right now I’m typing largely in silence. If I had gotten up unmotivated, I would likely have gone up to my office, turned on some music, and would have found myself getting ready to go.
It’s great to share your experiences. Just avoid telling someone, or leaving them with the impression, that your way is the one and only way to experience God. If you read the Bible stories, you’re going to find quite a variety: Abram just hears, as Abraham he later argues, Moses hears but might rather not at first, Gideon required a sign for each move, Balaam heard through a donkey (hard head there, I think), Jesus was in constant communion. There’s a valuable variety in scripture.
Experiencing God is great. Don’t be afraid of present experience. Beware of either letting someone place you in a straight-jacket, or of placing someone else in one. God’s way is past finding out. You and I haven’t gone that far!
(I’ve put some books I publish related to experiencing God into a collection on Aer.io. Check these out!)
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On Refugees
And now for a short post. Here’s one of many links to the stories: Trump vows ‘new vetting’ to weed out Islamic radicals.
I try to avoid partisan politics on this blog, but on this issue I must be clear. I believe that we should be open to refugees even at very substantial risk to ourselves. I do not believe the current risk even approaches significant. I am totally opposed to the actions taken by the current administration on this issue. I would regard it as my duty to aid any refugee at any level of which I am capable.









