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Anthony Horvath

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Ignorance strikes again
« Reply #40 on: January 11, 2006, 06:30:31 AM »

One more interjection:

Copernicus, I believe your purpose is to annoy me.

http://news.com.com/Create+an+e-annoyance%252C+go+to+jail/2010-1028_3-6022491.html

That is your intent and motive, is it not?

I'll have my lawyer get in touch with your lawyer to see if we can work out terms of a settlement.

The site links to all of the relevant legislation.  Welcome to the slippery slope.  Enjoy the ride.
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Ignorance strikes again
« Reply #41 on: January 11, 2006, 02:01:31 PM »

Quote from: sntjohnny
One more interjection:

Copernicus, I believe your purpose is to annoy me.

http://news.com.com/Create+an+e-annoyance%252C+go+to+jail/2010-1028_3-6022491.html

That is your intent and motive, is it not?

I'll have my lawyer get in touch with your lawyer to see if we can work out terms of a settlement.

The site links to all of the relevant legislation.  Welcome to the slippery slope.  Enjoy the ride.


And this relates to teaching religion in a science classroom how?
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Anthony Horvath

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Ignorance strikes again
« Reply #42 on: January 11, 2006, 02:58:54 PM »

What made it religious, apparently, was the intent and motive of the people who made the change to the curriculum.  The merits of its status as 'science' was determined largely by trying to assess WHY the information was inserted by the school board.

What if I alleged that the reason why people want evolution in the school board was because they were atheists.  Pretend for a moment that it was in fact true that this was the reason.

For that reason, should they abstain from having evolution in a science class?  Because those who want it in there are trying to push their agenda and philosophy?

Or shouldn't it more properly depend on whether or not evolution really deserves inclusion on its status as 'science'?

Obviously, its the latter.  Yet the courtesy ought to work both ways.  Nonetheless, little attention was paid to that issue (can ID be legitimately considered science) and much was paid to the motives in which it was presented.

Once you start evaluating whether or not any particular deed ('x') is legal or illegal because of 'motives,' you open the door to a nasty road.  Indeed, the door is already open, but its not too late to turn back and close it.
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Ignorance strikes again
« Reply #43 on: January 12, 2006, 02:06:55 PM »

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Ignorance strikes again
« Reply #44 on: January 12, 2006, 05:00:27 PM »

I will be very freaked out if he wins anything.
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Copernicus

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Ignorance strikes again
« Reply #45 on: January 14, 2006, 06:58:16 PM »

Quote from: sntjohnny
What made it religious, apparently, was the intent and motive of the people who made the change to the curriculum.  The merits of its status as 'science' was determined largely by trying to assess WHY the information was inserted by the school board.


That's correct.  If the purpose of the change of curriculum was to promote religion, then that would violate the law.  That is why the court ruled it illegal.

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What if I alleged that the reason why people want evolution in the school board was because they were atheists.  Pretend for a moment that it was in fact true that this was the reason.


That's easy to disprove.  If atheism were the motive for including evolution in the curriculum, then it would have to be removed.  Perhaps you should file a lawsuit.  ;-)

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For that reason, should they abstain from having evolution in a science class?  Because those who want it in there are trying to push their agenda and philosophy?


If promotion of atheism were the reason for its inclusion in the curriculum, then it would be illegal.

Quote
Or shouldn't it more properly depend on whether or not evolution really deserves inclusion on its status as 'science'?


Yes, and that is the basis for its inclusion in biology curricula, not atheism.

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Obviously, its the latter.  Yet the courtesy ought to work both ways.  Nonetheless, little attention was paid to that issue (can ID be legitimately considered science) and much was paid to the motives in which it was presented.


Actually, most of trial was devoted to the question of whether ID could legitimately be considered science.  The conclusion was that it could not.

Quote
Once you start evaluating whether or not any particular deed ('x') is legal or illegal because of 'motives,' you open the door to a nasty road.  Indeed, the door is already open, but its not too late to turn back and close it.


Life is messy, but it is sometimes the case that you can prove intent beyond a reasonable doubt.  That is what happened in the Dover trial.
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Ignorance strikes again
« Reply #46 on: January 14, 2006, 11:17:23 PM »

"That's correct. If the purpose of the change of curriculum was to promote religion, then that would violate the law. That is why the court ruled it illegal."

You're trying to have it both ways again, as usual.  Here you are affirming that the motive is what make it illegal.  "that's why.'

Quote:
What if I alleged that the reason why people want evolution in the school board was because they were atheists. Pretend for a moment that it was in fact true that this was the reason.

"If atheism were the motive for including evolution in the curriculum, then it would have to be removed. Perhaps you should file a lawsuit. "

I might.

"If promotion of atheism were the reason for its inclusion in the curriculum, then it would be illegal."

So, playing this game, we could find that nothing is legal, because everyone may be acting on religious motives.  Perhaps we ought to shut down schools altogether?

""Or shouldn't it more properly depend on whether or not evolution really deserves inclusion on its status as 'science'?""

"Yes, and that is the basis for its inclusion in biology curricula, not atheism."

Here's where you're trying to have it the other way.  It is, you say, because it is 'science' that it gets inclusion into the curricula, but if it was because it was PROMOTED because of an atheist agenda, then it would be illegal.  But it would not cease to be science, right, just because it was religiously motivated?  Right?

"Actually, most of trial was devoted to the question of whether ID could legitimately be considered science. The conclusion was that it could not."

Actually, the conclusion was that it was religiously motivated, not that it could not be considered science.  I admit that I only read excerpts from the judge's opinion, but what I read indicated that the judge emphasized the motives, and not the question of science.

Incidentally, what makes a judge qualified to decide what is 'science' or not?

"Life is messy, but it is sometimes the case that you can prove intent beyond a reasonable doubt. That is what happened in the Dover trial."

You miss the point.  Even assuming beyond a reasonable doubt that their intent was to promote religion, the question of whether or not it was 'science' is separate and distinct.

There are serious ramifications involved in criminalizing 'intent.'  Don't be so closed minded and hard-headed in your victorious glee that you fail to see the danger to everyone, including yourself, by 'winning' on terms such as these.  You are in danger of cutting off your nose to spite your face- only because cutting off your nose isn't imminent, and may be years down the road, or even decades, you pretend that the knife isn't actually in the hand.

I suppose I should start a new thread.
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Copernicus

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« Reply #47 on: January 15, 2006, 03:11:16 PM »

Quote from: sntjohnny
"That's correct. If the purpose of the change of curriculum was to promote religion, then that would violate the law. That is why the court ruled it illegal."

You're trying to have it both ways again, as usual.  Here you are affirming that the motive is what make it illegal.  "that's why.'


I'm not trying to have anything "both ways".  The only motive that a reasonable person would conclude is religious, because there is no scientific purpose to the subject.  The courts say that the motive makes it illegal, not just me.

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"If atheism were the motive for including evolution in the curriculum, then it would have to be removed. Perhaps you should file a lawsuit. "

I might.


Now I'm scared.  ;-)

Quote
"If promotion of atheism were the reason for its inclusion in the curriculum, then it would be illegal."

So, playing this game, we could find that nothing is legal, because everyone may be acting on religious motives.  Perhaps we ought to shut down schools altogether?


Notice that I said "the reason", not "a reason".  Clearly, evolution has scientific merit.  Regardless of one's religious point of view, that is the reason for its inclusion in the curriculum.

Quote
Here's where you're trying to have it the other way.  It is, you say, because it is 'science' that it gets inclusion into the curricula, but if it was because it was PROMOTED because of an atheist agenda, then it would be illegal.  But it would not cease to be science, right, just because it was religiously motivated?  Right?


Wrong.  Atheists promote evolution all the time, but so do theists.  Evolution is only relevant to religion in that it contradicts a certain religious point of view, not all religious points of view.  Most evolutionists are, in fact, theists.  If a court decided that evolution theory only had merit as a means of discouraging religion, then it would be illegal.

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"Actually, most of trial was devoted to the question of whether ID could legitimately be considered science. The conclusion was that it could not."

Actually, the conclusion was that it was religiously motivated, not that it could not be considered science.  I admit that I only read excerpts from the judge's opinion, but what I read indicated that the judge emphasized the motives, and not the question of science.


Your attempts to split hairs on this are as ludicrous as matt's.  The trial focused on whether ID had scientific merit, and the judge concluded that it did not.  If it had scientific merit, then a religious motivation would be beside the point.  That alone would not make its introduction into the science curriculum illegal.  It was the sole motivation of religious promotion thatbrought on the coup de grace.

Quote
Incidentally, what makes a judge qualified to decide what is 'science' or not?


That's what judges do.  They decide disputes on the basis of evidence presented in a trial.  There was a dispute over whether ID violated the restriction on government that it not promote or hinder religious beliefs.  The judge decided that the only basis for ID in the science curriculum of a public school is to promote a religious point of view.  I think that he was dead right on this one.

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"Life is messy, but it is sometimes the case that you can prove intent beyond a reasonable doubt. That is what happened in the Dover trial."

You miss the point.  Even assuming beyond a reasonable doubt that their intent was to promote religion, the question of whether or not it was 'science' is separate and distinct.


I definitely got your point, but your logic was strained, to say the least.  The judge could not have ruled that religion was the sole intent unless he could rule out that ID had scientific merit.  He was able to do so, based on evidence presented in the trial.

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There are serious ramifications involved in criminalizing 'intent.'  Don't be so closed minded and hard-headed in your victorious glee that you fail to see the danger to everyone, including yourself, by 'winning' on terms such as these.  You are in danger of cutting off your nose to spite your face- only because cutting off your nose isn't imminent, and may be years down the road, or even decades, you pretend that the knife isn't actually in the hand.


Unfortunately, we have little choice than to criminalize intent for some crimes.  For example, intent to kill distinguishes murder from  manslaughter.  Intent to deceive distinguishes fraud from fair representation.  You aren't going to get anywhere with this line of argument.
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Anthony Horvath

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Ignorance strikes again
« Reply #48 on: January 15, 2006, 03:37:34 PM »

"I'm not trying to have anything "both ways"."

The only thing worse than you trying to have things both ways is your inability to recognize it when you do.

"The courts say that the motive makes it illegal, not just me."

So?  If the courts told you to jump off a bridge, would you?

"Your attempts to split hairs on this are as ludicrous as matt's. The trial focused on whether ID had scientific merit, and he concluded that it did not."

Yes, the trial did, but the conclusion, from what I read of it did not.  What you call attempting to 'split hairs' is only inviting people to create distinctions.  

You would think from all of my objections to all of the cases that we have discussed that you would be able to begin to discern that my set of objections are not motivated by an attempt to push either a creationism or ID agenda.  That would require you to be able to make distinctions.  

"I definitely got your point, but your logic was strained, to say the least."

You never get my points, no matter how easy and straightforward they are.  Let's turn to your own examples and see if you can get it.  I implore you to try to understand my position based on my own advancing, and not on your own preconception.

"Unfortunately, we have little choice than to criminalize intent for some crimes. For example, intent to kill distinguishes murder from manslaughter. Intent to deceive distinguishes fraud from fair representation. You aren't going to get anywhere with this line of argument."

Ok, here are your examples.  'Intent to kill' distinguishes murder from manslaughter.  You are right in that.  And the net result is that the consequence that follows is affected by whether or not there was an intent.  However, intent or not, is it not true that the killing itself is illegal?

In otherwords, the object of the event, the 'killing of someone,' is what is illegal, while the intent is what helps us create a just response.  It is the object, 'x', that is illegal.

Let's say we allowed that we 'criminalized intent' so that we punished a person for 'intending to kill.'  That is murky ground, but I understand it, and at the very least, 'killing' is still actually an illegal act, regardless of one's intent or the nature of the intent.  The deed is illegal.

However, voting to have curriculum used is not illegal.  In the killing case, 'x' is illegal already, quite apart from intent.  But in this case, the deed ('x') is not illegal at all.  It is a perfectly legal act.  As such, since it is a legal act, one's intent relating to it ought not matter.

If 'voting to have curriculum' is legal in one case only because of the intent of the school board but illegal in another because of the intent of the school board, you have done something very different then in the case of 'killing someone,' because as we explored 'intent' in that case, it nonetheless was such that the event itself was always illegal, regardless of intent.

Whether 'x' itself becomes legal or illegal based on the intent that one brings to it opens a door for nothing less than tyranny.

Your other example is the same:

"Intent to deceive distinguishes fraud from fair representation."

But fraud is illegal, is it not?  

The difference in these cases is that 'x' is already an illegal act, and the intent helps determine the consequences.  But in the Dover case, or more broadly, the whole line of 'religious motivation' argument brought to bear everywhere, 'x' is a perfectly legal thing, only the people arguing against it in these cases wishes to make 'x' illegal based on perceived 'intent.'

There is no use pointing out that the courts have done this.  I already said as much when I said the 'door was already open.'

I will reiterate what I have often re-iterated:  today, the courts are on your side. Tomorrow they might not be.  Next week we may all be powerless to withstand the 'legal' onslaught, but it won't be my fault.  It will be yours.  I forgive you in advance.

I mentioned elsewhere a real example of this type of thing having potential to turn dirty, fast.  Dan Barker represented folks in my area who objected to the 10 Commandments on public property.  The city solved the problem by simply selling the property that the commandments were on.  Barker et. al sued, and initially won, because the 'intent' had been to hoodwink, or it was religiously motivated, or whatever slander they brought to bear.  Unfortunately, the sale of property is an otherwise legal thing to do, and there wasn't anything at all illegal about the transfer, EXCEPT, allegedly, that it was generated, according to Barker, from callous insensitivity to his clients.

If this success would have held, nothing less then the transfer of property between entities would have been threatened.  Before long, we could very well have seen an encroachment on personal rights the likes we can only imagine, and the Kilo case hardly hints at.  The death of America-

All because a bunch of crybaby atheists are offended by a tablet with 10 Commandments on it.

Don't tell me I'm exaggerating- this is the very talk that surrounded the whole event.  Wake up, man.  While you can.  This isn't about religion- this is about freedom.
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« Reply #49 on: January 15, 2006, 03:40:17 PM »

Once you can get this basic idea through your head, I'll tie it back into the Dover case.

Did I mention that you annoy me?  Is it your intention to do so?   hmmmmm.... I think so......  I should sue you.... eh?

I want to put a smiley face on, but the point is just too close to home.  I obviously am not going to sue you, but now that intentions are on the table, I could, and WIN.
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« Reply #50 on: January 15, 2006, 04:06:02 PM »

http://www.pamd.uscourts.gov/kitzmiller/kitzmiller_342.pdf

Here is the opinion.  It is clear that the alleged 'intent' and 'purpose' of the action is what made the action illegal.  It was otherwise legal.

I say again, it is useless to point out to me, as though I don't know, that courts have on this subject and others taken 'intent' and 'purpose' as the primary means of determining illegal.  I already know that.  But it is dangerous, for reasons I have already said.  It is a double edged sword, and it gives me little pleasure to point out that it is only a matter of time before it swings back and cuts at the very people that advanced it in the first place.
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Copernicus

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« Reply #51 on: January 16, 2006, 09:18:59 PM »

Quote from: sntjohnny
The only thing worse than you trying to have things both ways is your inability to recognize it when you do.


If you say so.  You're the expert on trying to have things both ways.  ;-)

Quote
You would think from all of my objections to all of the cases that we have discussed that you would be able to begin to discern that my set of objections are not motivated by an attempt to push either a creationism or ID agenda.  That would require you to be able to make distinctions.


You are correct that I have failed to make that discernement.  Perhaps I have failed to understand you properly, or you have failed to explain your objections clearly or coherently, even though you think that you have.

Quote
"Unfortunately, we have little choice than to criminalize intent for some crimes. For example, intent to kill distinguishes murder from manslaughter. Intent to deceive distinguishes fraud from fair representation. You aren't going to get anywhere with this line of argument."

Ok, here are your examples.  'Intent to kill' distinguishes murder from manslaughter.  You are right in that.  And the net result is that the consequence that follows is affected by whether or not there was an intent.  However, intent or not, is it not true that the killing itself is illegal?

In otherwords, the object of the event, the 'killing of someone,' is what is illegal, while the intent is what helps us create a just response.  It is the object, 'x', that is illegal.


Not at all.  Think about it.  There are a number of cases in which it is expressly allowed by law: capital punishment, military combat, self defense.  The intent of the perpetrator is very much at issue in the eyes of the law.  Some acts of killing are excused as pure accident.  

Quote
Let's say we allowed that we 'criminalized intent' so that we punished a person for 'intending to kill.'  That is murky ground, but I understand it, and at the very least, 'killing' is still actually an illegal act, regardless of one's intent or the nature of the intent.  The deed is illegal.


I've already pointed out cases where it is not illegal.

Quote
However, voting to have curriculum used is not illegal.  In the killing case, 'x' is illegal already, quite apart from intent.  But in this case, the deed ('x') is not illegal at all.  It is a perfectly legal act.  As such, since it is a legal act, one's intent relating to it ought not matter.


You are misrepresenting the issue, and this is exactly what I was referring to when I accused you of splitting hairs.  The criminal act was not just the vote, but the implementation of the pro-religion policy.  One needs to judge the entire act, not just an outcome.  We do not convict everyone of murder just because their behavior results in a death.  We have to show that there was malicious intent first.  Similarly, the inclusion of material in a textbook cannot be seen as a violation of the Establishment Clause unless it can be shown to be an intentional act of endorsing (or "establishing") a specific religious belief.

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If 'voting to have curriculum' is legal in one case only because of the intent of the school board but illegal in another because of the intent of the school board, you have done something very different then in the case of 'killing someone,' because as we explored 'intent' in that case, it nonetheless was such that the event itself was always illegal, regardless of intent.


False, and I have explained why above.

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Whether 'x' itself becomes legal or illegal based on the intent that one brings to it opens a door for nothing less than tyranny.


Nonsense.

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Your other example is the same:

"Intent to deceive distinguishes fraud from fair representation."

But fraud is illegal, is it not?


Of course it is, and that is not the issue.  The issue is how you define "fraud" without referring to the intent of the perpetrator.

Quote
I will reiterate what I have often re-iterated:  today, the courts are on your side. Tomorrow they might not be.  Next week we may all be powerless to withstand the 'legal' onslaught, but it won't be my fault.  It will be yours.  I forgive you in advance.


It has nothing to do with me.  The Supreme Court has been called a "mini-Constitutional Convention" by the legal historian, Leonard Levy, and I think that that is a very apt description.  It does have the power to change the practice of law in fundamental ways, and you may be right that they are about to redefine the Constitution so that it permits the government to promote religious ideals.  Since the majority of the justices are now going to be Catholic (for obvious political reasons), I suppose that we should ask the Pope for help in redefining our rights and liberties.  Protestants beware!  :D

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I mentioned elsewhere a real example of this type of thing having potential to turn dirty, fast.  Dan Barker represented folks in my area who objected to the 10 Commandments on public property.  The city solved the problem by simply selling the property that the commandments were on.  Barker et. al sued, and initially won, because the 'intent' had been to hoodwink, or it was religiously motivated, or whatever slander they brought to bear.  Unfortunately, the sale of property is an otherwise legal thing to do, and there wasn't anything at all illegal about the transfer, EXCEPT, allegedly, that it was generated, according to Barker, from callous insensitivity to his clients.


That is a matter for the courts to decide.  On the surface, it sounds as if the sale was motivated by a desire to promote the religious opinion of those who want the government used that way.  The price of liberty is eternal vigilance, but Americans seem less and less willing to pay that price lately.  

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If this success would have held, nothing less then the transfer of property between entities would have been threatened.  Before long, we could very well have seen an encroachment on personal rights the likes we can only imagine, and the Kilo case hardly hints at.  The death of America-

All because a bunch of crybaby atheists are offended by a tablet with 10 Commandments on it.


That's your perspective on it.  Mine is that they crybaby Christians are throwing a temper tantrum because they can't get their symbols erected and maintaine on public property at taxpayer expense.  There is absolutely no reason why those symbols can't be moved onto the churchhouse lawn.

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Don't tell me I'm exaggerating- this is the very talk that surrounded the whole event.  Wake up, man.  While you can.  This isn't about religion- this is about freedom.


You are right.  It is about your freedom to trample on my right not to be proselytized by my own government.
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« Reply #52 on: January 16, 2006, 10:57:02 PM »

Well, I'm going to bow out for now.  Hopefully Matt will be back.  I didn't mean to hijack the thread.  I can see I'm getting absolutely no where.  It deserves its own thread where I can set the table myself.
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matt

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Ignorance strikes again
« Reply #53 on: January 20, 2006, 06:22:29 AM »

I think right now the best decision would be to argue the debate elsewhere in this forum on its own merits. Argueing here about if ID is religious or if Evolution is even religious itself is not the best way to determine the best outcome of these two viewpoints. However, it would be the correct way if you were argueing for ID to be accepted into the science curriculum. I would still like to keep this topic open and active, and I will reply soon. On a further note, lets argue for our viewpoints based on its scientific merits.

Like I said, I will reply soon. I just have been bombarded with schoolwork and Botany.
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Reading List
- Dawkins God: Genes, Memes, and the Meaning of Life
- Blind Watchmaker
- The Beak of the Finches
1 Peter 3:15-16

"And if you are asked about your Christian hope, always be ready to explain it. But you must do this in a gentle and respectful way. Keep your conscience clear. Then if people speak evil against you, they will be ashamed when they see what a good life you live because you belong to Christ."

" I think, therefore I am." - DesCartes

Copernicus

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Ignorance strikes again
« Reply #54 on: January 20, 2006, 02:19:34 PM »

The topic of this thread is whether or not the Dover court case was correctly decided by the judge.  I believe that he did decide it properly, after he let both sides present their cases on why ID did or did not have a scientific point to make.  If the ID side had been able to make a case for scientific merit, then the religious motivation for the school board action would have been beside the point.  The judge weighed the arguments from both sides and decided that no case could be made for ID on scientific grounds.  Hence, the religious motivation triggered the ruling.

The judge, an appointee of George W. Bush, went even further.  He chastized the Christian school board members for claiming that ID had no religious motivation in the courtroom, while at the same time making it very clear that it did in highly publicized meetings and media interviews.
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Philosophy is questions that may never be answered.  Religion is answers that may never be questioned.  --Anonymous

Anthony Horvath

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Ignorance strikes again
« Reply #55 on: January 20, 2006, 02:42:22 PM »

"If the ID side had been able to make a case for scientific merit, then the religious motivation for the school board action would have been beside the point."

I didn't realize it was the job of judges nowadays to decide what is and what isn't science.  I could have sworn they had a different purpose.

Bring on the Brave New World.
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cimics

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Ignorance strikes again
« Reply #56 on: January 20, 2006, 03:19:24 PM »

They're often called upon to do so in the Rule 702 context.  

http://www.law.cornell.edu/rules/fre/rules.htm#Rule702
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Anthony Horvath

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Ignorance strikes again
« Reply #57 on: January 20, 2006, 03:42:27 PM »

Sure, but the problem in this case was group A saying something was science and group B saying something wasn't.  In order to decide, it was the motivations of group A that was the determinant on whether or not it was 'science.'

The question lurking underneath this whole thing is whether or not science itself is consistent with the democratic process, or if its whole weight rests on the authority of certain (now preferred) experts.

Incidentally, I happened to read much of the decision.  Cop, did you ever decide to go beyond the headlines?  I thought it was ironic that really what this judge did was rule in a conservative fashion.  The 'motivation' test comes from SC precedent, and he was meticulous in applying precedent.  In otherwords, he ruled pretty much in line with the judicial philiosophy of Alito and Roberts.

You seem to be completely utilitarian in your perspective, Cop.  If it gets you what you want, you like it.

My arguments transcend the results of this particular decision.  Clearly, it is the SC precedents in particular that I object to.   I specifically object to readings of the constitution that are not derived from the clear intent of the words on the page, and believe even 'precedent' must bow to what has been adopted by the will of the people.

That's the connection in the Dover case.  The will of the people was yanked out from underneath them, again, in the name of silly precedents.  I'm not talking about the will of the people in Dover.  I'm talking about nationally, because obviously we now have one more 'precedent' to wield against the other 300 million people in our country.

The pathetically disgusting thing is that there was a mechanism available to over turn the school board, and it was actually used.   One would think that in application of the 14th amendment here, incorporating (imo, bizarrely) the 1st amendment, that little part about 'due process' would mean something.  Ie, you can, according to the 14th amendment, take away a person's liberties provided there is due process.  The real question in these matters ought to be whether or not anyone was denied due process.

As the culprits were immediately voted out of office, it obviously could not be argued that they were denied due process.
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Yankee

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Re: Ignorance strikes again
« Reply #58 on: January 22, 2006, 12:00:27 PM »

I wonder what we would have to see in nature that was so clearly designed that there is no way that it could be attributed to evolution. (Quote)


I wonder what we would have to see in evolution that is so clearly random that there is no way that it could NOT be attributed to intelligent design.
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