Showing posts with label harm principle. Show all posts
Showing posts with label harm principle. Show all posts

Tuesday, July 27, 2010

Notes: Saturday-Tuesday, July 24-27, 2010

"U. of IL Says Catholic Prof 'Not Fired' - Just Can't Teach"

Apparently Dr. Howell's employment was not terminated; he was just barred from teaching (same effect, of course):

http://angelqueen.org/forum/viewtopic.php?t=32699

Blog comments by me

At Mr. Schütz's blog:

Cardinal Pole
July 27, 2010 at 4:06 am

“But oddly, Your Eminence, according to Gleeson, the prevailing secular ideology DOES consider it possible to harm others and rejects any act that might result in such harm.”

Mr. Schütz, did you mean to say “DOES NOT“? Otherwise there seems to be an internal contradiction there.

“[You are] sure that in some circumstances a person can be (and should be) criminally charged for abuse even if (at the time of the abuse) the victim “consented”.”

I agree, and presumably so would most, perhaps all, secular (Godless) ethicists, but my point is that the Godless ethicist cannot prove, in the light of his first principles, that it is morally wrong–as in transgressing a moral obligation–to harm others, even against their will.

[http://scecclesia.wordpress.com/2010/07/22/how-useful-would-a-secular-catechism-be/#comment-16060]

At Terra's blog:

(Response to Wolsey)

"A state that compels participation in liberal democracy is not acting in furtherance of the common good as liberal democracy does not further the common good."

Interesting that you say that, York; it had occurred to me that Australia's liberalism was a factor to consider in this discussion, though no-one had raised it explicitly until your comment. I see it this way: Democracy is a legitimate form of government. Liberalism, however, is evil, false, absurd, and condemned irrevocably by the Church. Liberalism, then, is like a cancer in the body politic. Now we know that the common good is to the State what health and well-being is to a human person. So if a person had a cancer, even a self-inflicted one, would that mean that we were forbidden to help that person with other aspects of his health and well-being? No, not necessarily, so long as we weren't co-operating formally in the carcinogenic behaviour. Hence I don't see why the natural law would necessarily forbid us to participate in the political life of a liberal democracy.

(Response to Anon.)

Anon., I don't dispute that Australian governments have sometimes, perhaps often, acted against the common good; I dispute that Australian governments have ceased to be legimitate governments or that they are legitimate but that their laws are to be regarded as invalid until proven otherwise.

(Response to Salvatore)

"Surely the AEC represents a reasonable source of information in such a discussion?"

A few problem with that information come to mind:

1. It only applies to Queensland.
2. Were government members the only M.P.s to vote for the relevant Bill (remember, a government doesn't legislate--Parliament legislates)?
3. Even supposing that that Act was invalid at the time, subsequent governments, including Labor governments presumably, didn't repeal it.

And as you concede, the law still wasn't necessarily invalid just because it might have been badly motivated.

"Consequently, if the Australian Government’s imposition of this duty is to be just, there must be some characteristic(s) of our nation or its system of government which requires it. What might this (these) be?"

I don't know, and I don't need to know in order for the Act to bind my conscience, just as I don't need to know that, say, a given industry and its influence on the common good require a certain piece of industrial legislation in order for it to bind my conscience. I can only regard legislation as valid until proven invalid, and nobody has proven the Act, or the relevant parts, invalid.

July 27, 2010 3:53 AM
Your comment has been saved and will be visible after blog owner approval.

[http://australiaincognita.blogspot.com/2010/07/and-it-is-on-australia-goes-to-polls-on.html]

Reginaldvs Cantvar
Feast of St. Pantaleon, Martyr, A.D. 2010

Friday, July 23, 2010

Notes: Friday, July 23, 2010

Just some blog comments by me:

At Mr. Schütz's blog:

Cardinal Pole
July 23, 2010 at 4:37 am

“It is true that we don’t have a collection of secular doctrines neatly arranged as a sort of “Secular Catechism” – but wouldn’t it be helpful if we did?”

We do. Read The Declaration of the Rights of Man, the Syllabus of Errors, Quanta cura, things like that.
[http://scecclesia.wordpress.com/2010/07/22/how-useful-would-a-secular-catechism-be/#comment-15995]

Cardinal Pole
July 23, 2010 at 4:53 am

“does secular ethics ever say it is possible to do harm to yourself, even if your action does no harm to anyone else?”

If by secular ethics we mean Godless ethics, and if without God there is no such thing as true and proper moral obligation, and if the absence of moral obligation is moral liberty, then secular ethics tells us that we not only have the moral liberty to harm ourselves, but also unrestricted moral liberty to harm others, indeed, to do anything we please. That’s why, as Fr. Fahey mentions in The Kingship of Christ according to the Principles of St. Thomas Aquinas, in the secularist ethics axiom which can be stated as ‘do whatever you want, however self- or mutually-destructive, so long as everyone involved consents’, the ‘so long as everyone else involved consents’ bit is baseless. Secular ethics’s first and only principle is: Do whatever you want, full stop. And if you don’t like the sound of that, then, as Professor Dawkins might say, tough!

[http://scecclesia.wordpress.com/2010/07/22/how-useful-would-a-secular-catechism-be/#comment-15996]

At Terra's blog:

Cardinal Pole said...

"compulsory voting was introduced in this country by (various) Governments solely because they believed it would be an advantage to them in an upcoming election."

Prove it. (Not that it would matter; a bad motive on the part of a legislator doesn't necessarily invalidate his legislation.)

"Compulsory Voting unjustly vitiates [your] ‘Right to Participate’ by depriving [you] of [your] ‘Right to Not Participate’."

Absurd. People in a democracy have no more 'right not to participate' than the king in a monarchy has a 'right not to participate'.

Another way to look at it is this: Rights are either natural or acquired. Obviously your supposed 'right not to participate' is not an acquired right, so it must be a natural right. So you need to show how the natural law gives you this 'right'.

"Given that ‘right’ and ‘duty’ are antithetical, the statement is
meaningless."

So you deny that someone with a right can conceivably have, on occasions, a duty to exercise that right?

July 23, 2010 2:54 AM
Your comment has been saved and will be visible after blog owner approval.

[http://australiaincognita.blogspot.com/2010/07/and-it-is-on-australia-goes-to-polls-on.html]

Reginaldvs Cantvar
Feast of St. Apollinaris, Bishop, Martyr, and of St. Liborius, Bishop, Confessor, A.D. 2010

Thursday, July 31, 2008

Do you want the good (Cath)news or the bad (Cath)news?

Firstly, the good (Cath)news:

Apparently His Eminence Cardinal Pell had some involvement in the A.L.P.’s abandonment of its policy unambiguously in favour of a Bill of Rights. This is a most welcome development, and one that invites some reflection on the notion of ‘human rights’.

The Christian acknowledges that everything he has is from God, and recognises that God is entitled, therefore, to impose such duties as might please Him. From these duties we can infer corresponding ‘rights’, e.g., ‘thou shalt not kill’ implies a right to life (with certain qualifications, as I shall examine shortly). But the basis for ‘human rights’ is rather shaky in the secularist world-view. It seems that for the secularist, ‘rights’ are not ‘rights’ as a Christian conceives of them, but that the term in fact has no absolute foundation but is just a convention for referring to some of the agreed implications of the principle that we should all be able to seek pleasure, constrained only by the pain that obtaining our pleasure might inflict on other pleasure-seekers (the harm principle). This, of course, is basically preference utilitarianism, and seems to me to be the only internally coherent (though nonetheless false) atheistic world-view, since humanism, for instance, asserts things like the uniqueness of mankind and ‘man as the end of all things’, which have no basis in the (false) evolutionary world-view, since man is just one species among many, and many of these other species can feel pain too (speaking of pain, that’s why it’s call ‘preference’ utilitarianism, since some people, namely sadists, quite enjoy pain, thankyou very much). Now the harm principle is nonetheless every bit as arbitrary as any humanist principle, but as an ordering principle for society, it has proven quite good (in the U.S.A.) at preventing complete anarchy, by enshrining rights in law. But nonetheless, it is a completely inadequate way to order a Christian society, since some who cannot feel pain enjoy, nonetheless, a right to life (as well as all the rights that the fully sentient enjoy) because of their innate capacity for God—their ontological dignity.

Now for the bad (Cath)news:

We see that Rev. Fr. Frank Brennan S.J. has reiterated his universal, in-principle stand against the death penalty. This goes by the name of the 'seamless garment approach', the idea that abortion, euthanasia, the death penalty and unjust wars are all to be rejected for being anti-life (ignoring the fact that only innocent life has a right to life). It would be regrettable if any readers inferred from this that the Catholic Church has somehow changed Her ancient teaching on the matter, especially if an alleged change were part of a compromise ('we'll oppose the death penalty if you'll oppose abortion') with secularism, meeting it on secularism's terms as so many clerics are keen to do. See Dr. Peter Chojnowski’s essay at the American S.S.P.X. home-page (in the ‘against the sound bites' section, as I recall) for the timeless truth. Now let me be clear that I do not support the death penalty being applied to ‘drug-running’, since it is not in the worst category of crimes and since, as practised in some South-East Asian countries, it treats the destruction of human life as a means to an end, namely deterrence, when it can only ever be taken in this manner as an end in itself, i.e. for justice’s sake.

Now some (many, I suspect) will object that it is not licit to impose the death penalty except when it is impossible for the offender to be prevented from doing more harm. They base this on the relevant section of Evangelium Vitæ. But when one thinks through the situation that His late Holiness John Paul II envisioned, it becomes clear that he made a category mistake. Think about it: we have a criminal who is, purportedly, so psychopathic and violent that it is impossible to restrain him safely, and so he must be executed. So evidence is gathered, the trial is convened, a jury empanelled, witnesses gathered, the jurors have their deliberations and give their verdict, and the judge considers and hands down his sentence. But the criminal was restrained the whole time! All John Paul II was really doing was reiterating the liceity of using lethal force against an unjust aggressor. Capital punishment is not self-defence; it’s a category mistake. The death penalty is to be applied whenever no other combination of imprisonment, corporal punishment and financial penalty can balance the scales of justices. At the very least, then, murderers must receive the death penalty. To deprive a man of his liberty for life (life imprisonment) is an inadequate substitute for depriving him of life itself. To which one might object: that’s an eye for an eye! We’re more civilized than that! But ‘an eye for an eye and a tooth for a tooth’ is true in principle, it’s just that if one, say, puts someone else’s eye out intentionally, justice can be satisfied through some combination of imprisonment, corporal punishment and financial penalty; it is not necessary literally to put the offender’s eye out in order to satisfy justice. But no such combination of other non-lethal punishments can ever compensate for the injustice of murder.

One might raise an even more fundamental objection, though: the very conception of justice involved. Many in the legal fraternity will argue that we have ‘outgrown’ retributive justice in favour of the presently-fashionable ‘restorative justice’, in which punishment is only ever a means (and one of a range of means) to one or another of a range of ends (rehabilitation for offenders, closure for victims, deterrence for potential offenders). But the essence of justice is giving to someone what he is owed. If the situation of the ‘scales of justice’ being balanced means a situation where good deeds are properly rewarded and bad deeds are properly punished, then as far as the ‘bad deeds’ side of the ledger is concerned, justice is retribution. Rehabilitation for offenders, closure for victims, deterrence for potential offenders, among others, are all worthy ends, but they are subordinate to justice.

Reginaldvs Cantvar