my war on indifference

Top 25 Tracks of 2009

2009-11-22T19:54:00.011-06:00

1. Two - The Antlers

This album is really well done and the Antlers are tackling serious topics as well. Its about death, cancer, health-care; situations every human will face some time. These unavoidable, painful subjects. When I stop & listen to the lyrics I am struck by the rawness of the emotion and loss that permeate the record. This isn't the only great track on the disc, but it was the first one to jump out at me. Its great music, but that greatness was amplified within such meaningful reflections.

2. Two Doves - Dirty Projectors

I really like this track, it was nearly the number one. I debated my one & two the most. The vocal tricks of the Dirty Projectors are stunning; their mastery of technical aspects of the human voice alone command respect, but they write really good music as well. "Two Doves" happened to be my favorite track on one of my favorite albums. They are making the vocal techniques used by people like Steve Reich mainstream.

3. Priority - Mos Def

Responsibility. That's what's happening here. Working with Otis Jackson Jr., Mos Def merged hip hop with soulful backgrounds, merging a laid-back rap sound with jazz & soul. Add to the music lyrics that reflect both his social activism & faith and you've got a great track. That's exactly what "Priority" is.

4. Big Red Machine - Justin Vernon & Aaron Dessner

Um, lets get this straight, Justin Vernon, a.k.a. Bon Iver collaborates with Aaron Dessner of the National. nuff said. oh but wait, there's more: it was for charity.

5. Too Many Birds - Bill Callahan

By far the most timeless song on this list. Unpretentious, understated, soft & the lyrics are good to. My mother said it should have been number one on my list.

6. Lost at Sea - The Fiery Furnaces

This track is such a "feel good" song for me. It played on repeat many times while I was cooped up in my apartment working on my appellate briefs this semester. Its good to see that the Fiery Furnaces are still the crowd pleasers they've always been. Ah, I should re-visit Blueberry Boat again soon.

7. Wet Wings - Dan Deacon

What a wild tune! It seems like it is coming out of a Bayou somewhere, rising over the water as the sun rises. It could almost be part of "O Brother Where Art Thou"; it sounds like the Sirens. Singing in strange tongues, building layers of harmony as they sing in a round--Incredible.

8. A Day To God Is 1000 Years - Wu Tang Clan (DJ Messiah)

DJ Messiah's mixtape with RZA: still on a swarm.

9. Going Once, Going Twice - Ramona Falls

Brent Knopf of Menomena released this album. A solid side-project, mainly, because its sounds so much like Menomena.

10. Weed Demon - Wavvves

Wavvves, took surf-rock into a whole new---fantastic, direction. Great band from San Diego, this is another wild tune. Its like the Beach Boys, but darker & with vocals singing falsetto in unison.

11. Be The One - Jack Peñate

I have no doubt in my mind that when they make the next "Rocky" movie, this track will be used. I listen to this album when I go running around SIU's campus lake & it fits perfectly. Fun stuff.

12. Knotty Pine - Dirty Projectors & David Byrne

If you can't dance to this song, you probably can't read this list either; that's because you clearly don't have a pulse. No matter, music probably isn't too significant anymore, its probably time to get those metaphysical issues straightened out--no time left for dancing.

13. Young Adult Friction - The Pains of Being Pure At Heart

The sugariest pop ever made. I still feel good after seeing them play last summer.

14. No Hay Nada Mas - Mos Def

Everything great that I wrote about Mos Def above + in spanish! Hah!

15. Lovers Carving - Bibio

Starts instrumental, then the vocals come in after two minutes. Stephen Wilkinson is taking electronica to where it always should have been.

16. Armistice - Phoenix

What can I say? Does anybody else see the irony in a French band making the music for Cadillac commercials? I do.

17. On To the Next One - Jay-Z

I like Jay-Z and all, but between you & me, on this track he's riding Swizz Beatz's coat-tails. But seriously, if I ever hear auto-tune again... (except for: these guys.)

18. Cool Knowledge - Volcano Choir

It sounds like Justin Vernon teamed up with a Mongolian Throat-Singer.

19. Ezekiel 7 & the Permanent Efficacy Of Grace - The Mountain Goats

There's alot that could be written about this song & this album, so I'm not going to write it.

20. Cello Song - The Books & José González

I'm a little mad at the Books. They promised a new album would be out in October, using their aleatoric style to make music with hypno-therapy recordings. Its still not released yet.

21. Attic Lights - Atlas Sound

Two great albums; two years in a row. I liked la blogotheque's video of this track: VOILA.

22. The Afterlife - Yacht

Its like the B-52's are back. & that's a good thing, until she yells, "tin roof---rusted."

23. Shelter - The xx

It really isn't a suprise that I like this song, & in fact the whole album. Keeping with what seems to be a trend, the xx is re-incarnation of many of my favorite artist, i.e., four tet, burial, & hot chip. The vocals are spacey, but dreamy.

24. The Hold - Woods

Trippy folk music.

25. Foreground - Grizzly Bear

Somehow, this track doesn't deserve to be 25, it shows how great the music of 2009 has been. Veckatimest is my top choice by Grizzly Bear yet. & this track creates a haunting atmosphere,

retirement

2009-09-10T22:32:00.004-05:00

if you are someone who only uses a bicycle or motorcycle for transportation, i'm sure you know how important a nice backpack is.

today, after a decade of using my kelty internal frame, i'm retiring it. my new pack is a chrome bag. it should look nice someday as my briefcase going to court. that's why i picked the black one. i bought a large dana designs internal frame for back backing & camping a few years back, so i decided a messenger bag was in order for day to day use.

its silly to do a blog post on this, but what can i say. i thought about how much use i got out of that bag. & i'm sure i'll still use it more. though its getting faded, there are no problems. no rips, no bad zippers. no problem.

i used it hitchhiking in northeastern minnesota, for a summer in mongolia, going to france twice, mexico, canada, peru, brasil, for my motorcycling around the midwest, california & arizona.

it has carried my laundry, flowers for dates, text books, groceries, & cases of beer.

since 1999 its been a with me for a lot of great adventures.

so i thought it was worth mentioning.

the only thing that makes sense

2009-08-29T00:12:00.004-05:00

medicare for all Americans.

so simple.

end of debate.

alright congress, get it done.

this fall

2009-08-20T19:03:00.008-05:00

for me, the thought of fall brings to mind so many good things. college football games. law school tailgate parties. nice cool weather & beautiful trees. riding in critical mass in Carbondale. the return to school in southern Illinois. going to Cobden for some of the best mexican food in Illinois & the evenings chilling at Fuzzy's. without a doubt, wherever i've lived, fall has been my favorite season.

but, this fall in particular should be especially great. that is because of the fantastic music that's coming down the pipeline.

The Books will be finally releasing a new album in October, based on samplings of answer machine recordings, hypnotherapy recordings, and recordings from the Talkboy found in a Salvation Army store. also, I'll be going to see them play in St. Louis at the Luminary Center for the Arts with Lymbyc Systym. that should be a soothing show. if you haven't yet listened to The Books, you really should. Grab "The Lemon of Pink" today. It will change all of your thoughts about music.

In October, Sufjan Stevens will be releasing a version of his orchestra piece, The Brooklyn-Queens Expressway. He is probably my favorite musician. As chaotic as the books can be, to that extent Sufjan's music is polished and perfected. His abilities as a composer are really what make his albums and performances so great. Add to that very good writing and you have great folk music.

So there it is, two of my favorite artists finally make a splash again this fall. Neither has released new material since 2005. What a great year for music 2005 was. "Come on Feel the Illinoise" and "Lost and Safe" both were released that year. The Books released a short group of tracks, all based on music made for a hotel in France and Sufjan released a song on Dark was the Night, but those nice tidbits can't compare to full length albums. There's a lot of great music being made each year, but 2005 seemed especially nice. I never would have imagined that the same stars would re-align for 2009.

Hang on tight folks. Its going to be a fun ride.

things i like # 22: staying @ my parents' house

2009-08-19T02:10:00.003-05:00

it's quite relaxing. there is great music here. homemade food from fresh vegetables too. come stay awhile.

things i like no. 371: minhas havaianas

2009-08-17T01:28:00.009-05:00

i never was much a flip flops guy.

my brother mike always wore them. even climbing. once, we climbed up the fire escape of the Tip Top Tap in Chicago. up more than 300 fee above michigan avenue. & it was raining. we climbed on top of the neon sign. mike was wearing flip flops the whole time. i thought that was a crazy moment for the little guy.

& i still think mike is crazy, but for other reasons.

the first pair of flip flops that i wore, since like being six, where havaianas.

Anacarolina had written about them in an email while she was living in Switzerland. but i didn't know what they were & i didn't ask.

when i stepped off the plane in fortaleza, we drove to the beach at cumbuco. but on the way we stopped at a small shop and she said, "you must wear these", pointing to a pair of flip flops. "pick a color, what is your size?" i grabbed a few black pairs. i found a pair that fit. she bought them and we were off to the beach.

& just like that, i decided that i would wear flip flops once in a while. now that i have a pair bearing the brasilian flag & from a brasilian friend.

Darfur

2009-08-15T22:46:00.021-05:00

By writing this post, I admit culpability.

The charge? Indifference. Evidenced by inaction.

I've grown up watching a genocide & until recently didn't realize how strange that is. Its always been easy to scoff at the Americans of the past, who waited far too long before stopping the holocaust. It seems so obvious that had we been alive then, the response would have been so much quicker and focused. Yet, Sudan has opened up like a wound before the world's eyes. And no one is moving to stop the bleeding.

Perhaps there is (was) very little that I could have done to stop this event from happening. Honestly, what was happening wasn't even on my radar until summer of 2007 when I was studying in Strasbourg, France.

What is condemning is that this is a genocide that I, and people my age, have grown up with. It has been with us during our formative years. If you mention Darfur, most people my age have a clear understanding that something very ugly happened there. Many will be able to tell you the nation has witnessed a genocide. And many others in my generation will be able to identify the ethno/religious roots of the aggression. We are not uninformed. Ignorance does not excuse our lack of movement. Nor the stillness of our hearts.

I read a piece by Richard Just* on The New Republic's online version a few weeks ago. The quote below made me feel absolutely sick to my stomach:

"[T]his gives Darfur a morbid sort of distinction. No genocide has ever been so thoroughly documented while it was taking place. There were certainly no independent film-makers in Auschwitz in 1942, and the best-known Holocaust memoirs did not achieve a wide audience until years after the war. The world more or less looked the other way as genocide unfolded in Cambodia during the 1970s, and the slaughter in Rwanda happened so quickly--a mere hundred days--that by the time the public grasped the extent of the horror, the killing was done. But here is Darfur, whose torments are known to all. The sheer volume of historical, anthropological, and narrative detail available to the public about the genocide is staggering. In the case of the genocide in Darfur, ignorance has never been possible. But the genocide continues. We document what we do not stop. The truth does not set anybody free."

Richard Just, The Truth Will Not Set You Free, The New Republic, http://www.tnr.com/story_print.html?id=36975a7c-224c-438a-9538-130b9e5cdd91 (accessed August 15, 2009).

I heard a homily at Redeemer Presbyterian in Newport Beach, CA in the fall of 2007 about poverty and wealth. Part of the pastor's thoughts included the observation our age is increasingly complicated due to the availability of information. Today we are a mouse-click away from witnessing the most degrading poverty in the world via our computers screens and internet accessibility. Google images can take you to the slums in moments. How much more indifferent we will likely become than generation before. We are on track to becoming one of the least empathic generations in history.

Overexposed in every way. Bombarded. Able to change the channel quickly. Autonomous. Overfed. Under-read.

There is just so much that we have to dull, shut-out, in order to continue our own lives. That is because a crisis like Darfur demands urgent action. Even by a college student who was saving up for a motorcycle. And while Darfur is certainly the most gruesome example at present, there are also atrocities taking the lives of the innocent throughout the globe: Zimbabwe, East Timor, North Korea, Tibet, Afghanistan, Burma, and on.

One other complication that arises when thinking about how to respond (or how we ought to have responded) to Darfur is the question: OK, now that we know what is happening how to stop it?

The activists have done a great job making documentaries or writing books. But their own assumptions about the use of force undermine their goals, Richard Just captures this reality as well:

" "Many of us peace and human rights advocates are rightly reluctant about the use of force. We need to get over it. There is such a thing as evil in this world, and sometimes the only way to confront evil is through the judicious use of military force." Amen, as long as "judicious" also means effective."

Id.

I had a similar reaction. Now, being a Calvinist, I'm not a pacifist. I'm entirely against violence--but I believe that the use of just force to protect the innocence is anything but violent. Yet, the notion of sending troops to Darfur was a difficult concept.

But to stop the killing, it is the only answer. Bush's dilemna was much like Clinton's at the time of Rwanda. Clinton was feeling too politically vulnerable after the failure in Somolia to sanction any type of action. Likewise, as the situation in Darfur worsened, Bush was bearing intense criticism for the conflict in Iraq. It would be easy to blame Bush, but the truth is that Germany, France, and China all had plenty of able bodied troops available, all of whom could have ended the killing. In fact, they still do.

And then there is President Obama. He is a President who wears the liberal mantle of idealism and respect for human rights. Further, he enjoys unprecedented popularity internationally. It would seem obvious that he would have already done something to intervene in this situation. Yet, nothing. Granted, he faces numerous challenges domestically, but really the priority of stopping the genocide and the delivery of Omar Bashir to the Hague, trump even the most serious domestic issues.

Simply, its time to move forward. We must immediately sign and ratify the Statute of Rome, adding to the strength of the International Criminal Court. Further, we must coordinate with China. China is the largest trading partner on the African continent. A coordinated action by these two governments would be a powerful movement. After all, the purposes of government, more than any other tasks, are to restrain evil and promote the good.

Most importantly, we need to push aside the asinine domestic debates, which define the political spectrum of the U.S. Its time to start fighting for things that matter, that is, innocent human beings. There are still many things which can and must be done to protect many people.

But nothing we do now can change who we are. A generation that grew up watching a genocide and did little. A generation that must trade indifference for guilt.

*Read that article here

The Law & Gospel Distinction

2009-08-15T09:54:00.006-05:00

Yesterday I was reading John Calvin's letter to the King of France, which was a plea on behalf of the Huguenots who were being persecuted in France. In that letter I discovered a real gem, which is useful both for understanding the distinction between law and gospel; and for hermeneutics:

"When Paul declared that all prophecy ought to be according to the analogy of faith (Rom. xii. 6), he laid down the surest rule for determining the meaning of Scripture. Let our doctrine be tested by this rule and our victory is secure. For what accords better and more aptly with faith than to acknowledge ourselves divested of all virtue that we may be clothed by God, devoid of all goodness that we may be filled by Him, the slaves of sin that he may give us freedom, blind that he may enlighten, lame that he may cure, and feeble that he may sustain us; to strip ourselves of all ground of glorying that he alone may shine forth glorious, and we be glorified in him?"

John Calvin, Institutes of Christian Religion, trans. Henry Beveridge, Wm. B. Eerdmans Publishing Co., Grand Rapids, 1989.

Calendars

2009-08-09T18:27:00.004-05:00

"thou hast put more joy in my heart than they have when their grain and wine abound." psalm 4:7 (rsv)

i was thinking about professions. how great it is for teachers. their professional calendars are still attuned to the agrarian calender, that is, the summer/growing months are left open so that students and faculty equally, might grow the food needed to survive pending winter.

this practice remains with us from another era. one before the non-teamster truckers made low food prices possible. one before supermarkets. before globalization. in fact, its safe to say, one before the modern capitalist state. this practice is truly a relic of another world.

so, even as a professional student, for some time i have argued that the practice ought to be discarded. but more and more, as i reflect on the value of subsistence agricultural and the need to move to a more sustainable society, i realized that this policy should not be jettisoned, it should not be buried.

no! it should be expanded!

even professions which cannot pause, such as emergency room physicians, policemen, and firefighters should benefit from such a calendar--just perhaps on a rotation of some sort from year to year.

such an expansion would restore much needed margins to life of those who work in America.

such an expansion would promote learning how to grow food, real food--not the processed dross which coats our veins.

indeed. farming is good. it should be respected. & we all should have the space and ability to do so. such a refinement of our society would return us to reality. it would return us to the real environment. to real labor, sweat, & fruit. it would give meaning to harvest, patience, and an appreciation for the exquisite design of creation.

may we pattern our calender accordingly.

things i like # 148 & #51: "hospice" by the antlers & seersucker pants.

2009-08-08T00:36:00.007-05:00

no. 148

i heard the antlers for the first time this summer at pitchfork. i was waiting to meet up with my friend dan and for "the pains of being pure at heart" to play & i wandered over to the stage were the antlers had begun playing their set.

the crowd was getting larger. i kept moving closer to the stage since i was still by myself at that point. right away i liked their music, great use of falsetto vocals, bright pop melodies, and fun piano jangles. it reminds me of cyhsy, but without the strained voice.

fun stuff. [download "Two"]

///

no. 51

i love wearing seersucker pants. i bought my first pair a few weeks ago. i was unsure at first about getting them, but received enough encouragement to go for it. i wore them today when i biked to logan square. they are so light and comfortable. they work great for cycling in the summer. it was pretty humid this morning before the rain began & it couldn't have been a better choice for slacks.

my next post is going to be on my reflections on Judge Sotomayor's appointment. thus, a nice light hearted post seemed ap-ro-po for the mean time.

Freedom

2009-07-05T21:34:00.004-05:00

Galatians 5:13~14

"For you were called to freedom, brothers and sisters, only do not use your freedom as an opportunity for self-indulgence, but through love become slaves to one another. For the whole law is summed up in a single commandment, "You shall love your neighbor as yourself." If, however, you bite and devour one another, take care that you are not consumed by one another."

I've always been partial to deontological ethics, to wit, normative theories which seek to ascertain the duties which we owe others, creation, & our creator. Of course, I find Immanuel Kant's writings to be spectacular mind-bending treatments of these issues, but there are others who have added to the discourse in a significant manner. Mainly, I am attracted to the theory because of its coherence with Christian Scripture. First, when Christ summarized the entire Jewish law, he did so by stating a deontological duty, "Love the Lord with all your heart and your neighbor as yourself". Second, I believe that because man is created in the Image of God, consequentialist theories of ethics cannot be compatible with Christian theology. At some point, consequentialist theories, will force actors to weigh the value of humans against another. (A great recent example was the debate on water-boarding, where many of the proponents argued based on the utility, rather than morality of the act.)

This topic came to mind in church today during the first lesson, which was drawn from the above passage from Galatians. It struck me to see the great commandment placed in such an interesting context. I like the political implications of Paul's thought, given that so many have made freedom the only end, which they seek in their political philosophy. Were the modern conservative movement to listen to the Apostle Paul, they would find little approval to their view, for the purpose of freedom is that we might act as slaves to one another as a response of deep Christian love.

That's something that isn't seen too often.

///

Also, above I posted a picture of a statute commemorating Roger Williams. Williams of course was the founder of Rhode Island. What is interesting is how Williams ended up in Rhode Island. (My thoughts come from research on Williams by Martha Nussbaum.) Williams left the Massachusetts colony because of the persecution of the Native Americans there by the colonists, who considered themselves Christians. It was a John Smyth in particular that spurred William's ire, leading Williams to write his book entitled:

"The Bloody Tenent yet more Bloody: by Mr. Cotton's Endeavor to wash it white in the Blood of the Lamb; of whose precious Blood, spilt in the Bloud of his Servants; and of the Blood of Millions spilt in former and later Wars for Conscience sake, that most Bloody Tenent of Persecution for cause of Conscience, upon, a second Tryal is found more apparently and more notoriously guilty, etc." (London, 1652)

William's book, predates John Locke's "Essay on Toleration", but is remarkably similar in his conclusions. I think that the title of William's book shows us that history has favored Locke, mainly because of Locke's superior writing skills. Williams was a bit wordy.

Williams basically responds to the plight of the Native Americans with empathy. I would say that the trait of empathy is that which is most akin to the heart of the horizontal portion of the Great Commandment, "love your neighbor as yourself". Basically, Williams concludes with a deontological theory, realizing that the Native Americans were humans, just as he and ought to be treated as he would.

What is most interesting is a statement he makes about the moral psychology of the persecutors, or the Massachusetts colonists. Williams wrote that in persecuting the Native Americans, the colonists believed themselves to be righteous in killing those who did not believe in the Church of Christ. But the colonists were acting out naracissm, not righteousness, for what they persecuted, they persecuted because it was different from them selves. In this way, they displayed their own self love, rather than righteousness.

What is righteousness is described in Paul's words, that we be slaves to one another in love, loving the other as we love ourselves.

Selfishness & its fruit: Disorder & Wickedness

2009-06-05T11:25:00.007-05:00

James 3:13~18

"Who is wise and understanding among you? Show by your good life that your works are done with gentleness born of wisdom. Bus you have bitter envy and selfish ambition in your hearts, do not be boastful and false to the truth. Such wisdom does not come down from above, but is earthly, unspiritual, devilish. For where there is envy and selfish ambition, there will also be disorder and wickedness of every kind. But the wisdom from above is first pure, then peaceable, gentle, willing to yield, full of mercy and good fruits, without a trace of partiality or hypocrisy. And a harvest of righteousness is sown in peace for those who make peace."

My observation is that when Christians think of political issues too often they debate the conclusions of varying theories rather than the underlying content. Instead, one ought to go to depths of the theories, to its philosophical foundations and attempt to determine what scripture says about those ideas.

I read one commentator last fall on the collapse of Lehman Brothers note describe that event as the shattering of an entire worldview. That worldview has posited that markets are self regulatory. In the past recessions came as the result of outside forces like wars or natural disasters, rather than from the market itself. The collapse of Lehman Brothers marked the end of this view of self-regulation because the collapse was the result, not of outside forces, but was entirely the result of Wall Street regulating itself and getting exactly what it wanted since the Reagan Administration.

Anybody who still believes that markets are self-regulating is not intellectually honest. Their faith proves that for them egoism is a religion, not a rational theory.

The man behind these policies was Alan Greenspan. On October 24 it was reported that he said, “Yes, I’ve found a flaw. I don’t know how significant or permanent it is. But I’ve been very distressed by that fact.”

But the worldview is the offspring of Greenspan's mentor, Ayn Rand. It is a neoclassical economic model and a normative ethical theory. It was first espoused in 1964 in the book, "The Virtue of Selfishness". The theory is called "Rational Egoism" and is part of a broader philosophy called "Objectivism".

Simply, Rand concluded that to act against one's one interests is irrational and immoral. She provided many different scenarios, such as examples of rescuing a drowning man and so forth.

And it is a popular theory today by many, even though its most prominent disciple has recanted. The presidential candidate, Dr. Ron Paul is a vigorous adherent. The libertarian think tank in Irvine, California is called, the Ayn Rand Institute. Republicans have adopted these views as a core part of their platform. Turn on FOX News and you'll receive a healthy dose of this doctrine. Even on MSNBC, one can listen to Joe Scarborough make arguments that are right off the pages of "Atlas Shrugged".

All this is fine. But only if you reject the Christian worldview.

If you claim to be a Christian, you've missed a fundamental teaching on the nature of self-interest if you accept these views. & a lot of Christian's have. I visited a Christian Reformed Church in Carbondale & was disturbed to find a parking lot full of "Ron Paul" stickers.

Selfishness produces disorder. Selfishness produces wickedness of every kind. & a cumulative group of self-interested actors doe not produce an invisible hand of efficiency in markets.

Its a lie. & its a demonic one.

The Social Gospel, Poverty, & Eschatology

2009-05-07T17:45:00.004-05:00

Often while I was a student at Moody Bible Institute, I would hear a particular argument made during discussions about politics.

More likely than not, during those days, these discussions focused on what a Christian response to the Iraq War should be or how Christians should address the issue of poverty.

During discussions on the issue of poverty I would hear two arguments. First, someone would ask, as a conclusion, “Isn’t that the Social Gospel?” No doubt in their minds simply asking this question had placed me in political-theological checkmate.

No. Believing that part of a Christian definition of “the good” is fighting to alleviate poverty, is not the Social Gospel. The Social Gospel was a specific argument that occurred in the 19th & 20th Centuries, which was naturalistic & humanistic. It was a reduction of the gospel to social action. It was also wrong--being inaccurate theology.

A second issue that would arise during these debates was that of eschatology. I would hear something like, “Poverty is terrible, but it will only be eliminated during the Kingdom of God.”

To me this is the worst cop-out. It is used as an excuse to adhere to economic, libertarian theories of laissez-faire economics that contradict how Christians should treat the poor.

This argument takes a theological truth, i.e., poverty won’t be entirely eradicated until the Kingdom of God, and distorts it in order to avoid the direct commands of our Lord to work towards relieving the suffering of the poor. It is convenient & superficial exegesis.

Let me draw an analogy. I could say the same thing to fellow Christians who have visceral reactions to states allowing gay marriage. I could argue that there won’t be a government based on God’s law until the Kingdom of God. Thus, we should not worry about what laws are instituted at this time. I would make this argument by arguing from a civil, libertarian theory of egalitarianism.

In both instances, the good which is being denied is being done on the basis that perfection of that good is not for this time. This is a classic error of making the perfect a reason to reject the good. both seek a good: allowing humans to live in dignity as image bearers or having positive law aligned to the natural law.

Christians fight vigorously to protect the poor. Their voting habits should reflect this priority. There needs to be a complete rejection of supply side economics & a rejection of any policy that breaks the backs of the lowest earners in our society. I support capitalism, but only if there is a safety net. This is necessary, because in a system based on competition for resources there are winners & losers. The losers are still human. Some efficiency should be sacrificed to care for those who struggle to compete.

There is no excuse for ignoring the mandate found in scripture, none except a conscience that is seared by worldly distrust in altruism. And such is inexcusable.

# 67

2009-05-06T14:38:00.006-05:00

This year my recreation has become more limited. Even though its the first years in many that I haven't been working & have been a full time student, I've found less time to give to things which I used to enjoy.

My reading of philosophy has declined sharply. My magazine subscriptions have not been renewed. I have not been writing.

But, a burgeoning interest has been in documentaries. Such as, reading the stories of everyday people and listening to This American Life.

What a fantastic production. I first discovered it a few years ago, accidently, when I heard the story "81 Words". It was the story of the personal/political forces which changed the Diagnostic & Statistical Manual of Mental Disorders. I was struck by the production, because it was provocative, simple, & honest.

Truly, listening to the program has proved to me that Mark Twain was entirely correct when he famously said that truth is stranger than fiction.

One show, of many, was particularly fascinating: The Enforcers.

It tells the story of how a few computer hackers took on the nigerian email scammers & beat them at their own game.

& took that game to a whole new level.

You can subscribe to their free podcast here.

Thoughts on Ethics & the modern State

2009-04-30T12:26:00.005-05:00

So I have been reading on two thinkers. One was a liberal who became a Calvinist and the other a Calvinist who became a liberal. The former is Abraham Kuyper & the latter John Rawls.

I was struck by Kuyper's notion of the state. Like many Calvinists he saw different spheres in this life and believed that they should be kept separate and distinct. One of those is the state.

Kuyper based his view of the state on the Christian doctrine of the fall. In his view, the state exists as a product of the fall. If the fall had not occurred, there would be no need for government, because human relationships would properly exist between family & neighbor. The fall caused deep alienation & fissure in these critical relationships, and human government is the product. As such, the state is a form of common grace. Laws operate to restrain the evil that man inflicts on his brother & neighbor. Of course, when Christ returns, the state will be unnecessary as the alienation of men will be healed.

It is this foundational notion of the state, based on Scripture, that makes Kuyper's thinking so helpful. He recognized that libertarian ideals push humans to anarchy, because human freedom is a destructive in a fallen world. On the other hand, the temporary notion of the state prevents a believer from excepting statism, because such a concentration of power itself can produce great evil. Thus, Government is not social contract, nor is it a necessary evil. Instead it is a form of grace given during evil days.

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Now to John Rawls. What strikes me about Rawls is his notion that in ethical philosophy, merit is unethical. Men use merit as an excuse for unethical, immoral acts. This idea is strangely consistent with the Christian notion of grace. Merit is not entirely a bad thing in itself, but as an end merit can produce both reliance on self & xenophobia. Merit focuses on what is deserved as a result of labor, rather than what is owed because of ontological realities. Of course, Rawls attended old Princeton and even wrote his undergraduate thesis on the doctrine of original sin. Thus, despite his latter lapse in faith, there is little doubt that Rawls ethical theories were the product of Calvinist presuppositions about human nature & grace.

I need to read more on these two.

A little nonsense

2009-04-22T17:20:00.004-05:00

Yesterday, I received my copy of RAT Magazine (Riders Association of Triumph). I get it for free since I bought a Triumph. Thumbing through the magazine I was blown away by how nice their bikes are. Seriously, they just look right. These guys do great work. The bikes have fantastic styling, either modern or retro, are built very well, and are a blast to drive. I've now used a motorcycle as my only means of transportation since 2004. I can't tell you how happy I feel when I am riding my motorcycle. Of course, because Triumph is a British Company all their stories were about riding in Britain & about continental Europe.

That's where my present (pleasant) reality ends & day dreaming begins.

After I become a licensed attorney, hopefully starting off in Chicago, there are three bikes in particular that I would like to add to my garage. all three have retro styling cues & I believe each will be classic, at least among bikers.

first is the the thruxton 900. like my current bike, a speed four, i first saw the thruxton at old town motorcycles in chicago. when it came time to purchase a new bike i went with the speed four because i prefer a sport bike for daily driving. but the thruxton was always in the back of my mind. what a great shop old town cycles is. i remember the first day they rented the space and put out a sign saying "coming soon". the day it finally did open, it was pouring rain. sarah jane & i road up there, in the rain, on a 50cc scooter. i was so stoked walking around that store. & actually it was at old town that we said aloha before she moved to L.A., but i digress. all that to say, a black thruxton has to be in my garage.

second, is the harley davidson nightster. now, i just discovered this bike about a week ago. & i'm not really a harley guy, but to me, this is what a harley sportster should look like. dark flat black, only a little chrome & a way retro style. another must have.

third is the ducati sport 1000s. wow, this whole line of flat back cafe racers is fantastic. i like the model with the full fairing the most, but the naked bike is good too. these came out in 2005 (i think) and i've known i would pick one up ever since.

so there you go. that's part of my plan/fantasy. i can just see it. i'll get a place in east garfield park or the ukrainian village. a single flat and a garage. in the garage i can play records, keep a fridge full of union-made beer, & work on the bikes. pretty glorious vision, eh? i like it.

of course, somedays, i think that there is more out there than chicago. (hard to believe right?) but to move to Cardiff, Wales or Brussels, Belgium wouldn't be too bad either. In the UK I'd have easy access to London, the Isle of Mann, great sports, great beer, great universities. & the continent is a single ferry away. & from there Africa is another ferry away. in either case, motorcycling in the alps would be the best way to spend a holiday.

these are all good thoughts. they make law school a little less dull. of course, southern illinois is fine. the roads are twisty, there are plenty of hills, the mississippi river, & memphis isn't too far away.

on two wheels, its all good.

Yesterday, Obama failed. Democracy helped him.

2009-04-18T15:10:00.001-05:00

Majority rule cannot be a proper end.

Perhaps, it cannot be a means to the true good either.

When the leader of a democracy is faced with the polarization of either defending morality or maintaing broad political support: morality will, more often than not, be cast aside.

This has become exceedingly clear in the past forty eight hours, when an enormously popular president choose obstruction of justice rather than investigation and prosecution of American law. Enforcement of law is the function of the executive office, to fail to uphold Federal Statutes is thus inexcusable.

Certainly, to investigate and to prosecute the previous administration is politically unpalatable. Indeed, the severe outcry against the Spanish prosecutor for his warrants stands as condemnable proof of the flimsy understanding of deontological ethics and natural law which has permeated the thinking of the conservative movements in recent years. They have embraced a crude populism that seems proud of ignorance rather than wisdom. Their movement is one only concerned with ends rather than the means; one detached from history, from philosophy, and worst, from Christian theology.*

But my main objective here is to explain why President Obama has lost a great deal of my confidence by his decision this past Thursday. To obstruct justice is itself a Federal offense. He could issue a formal pardon of the past administration. But by condemning the acts but ignoring the actors, he has become an accomplice to his predecessor. This, even as former-Vice President Cheney admits his own (guilty) role in torture before a national television audience. Such an admission leaves no question about what Federal Law requires: prosecution. Cheney himself, deserves the right to fair proceedings, the same human right which he denied to his victims.

Last year, we saw that capitalism is not self-correcting. At its foundation it relies on a misunderstanding of anthropology,
i.e., the falsehood that the majority of men will consistently be rational economic actors. Scripture tells us the opposite, instead that the love of money is the root of all evil, not the maximizer of efficiency and good. Those who love money, pierce themselves with many griefs.

This week, we saw that democracy is not self-correcting. Leaders are supplanted by politicians. The good is amorphous rather than the law, it becomes subject to opinion and the will of the majority.

This is not to say that the Republican party offers a better alternative--no, it is far more immoral. When they co-opted the interrogation techniques of Imperial Japan, North Korea, and Maoist China--they also co-opted those regimes [im]morality. But, by becoming complicit with their crimes our Commander in Chief has failed.

My question is this, should Christians vote?

To what extent are they culpable if they do so? Can they wipe their hands of the blood that inevitably results? Can a vote against torture and unjustified war absolve us the of the abortions that are allowed to result? Can a vote against abortion exculpate us of the bombs that killed more than 90,000 innocent citizens---some of whom were most certainly fellow believers?

No. I don’t think it can. Comfort with either is the result of a deeply scarred conscience. If we choose to ignore sin, how can we repent? If we cannot repent, we cannot be saved.

*In fact, this past weekend Dobson himself admitted the religious right failed, but he did not understand why it failed. It failed because it sought to enforce the natural law through democracy, rather than embracing the Biblical mandate that Believers live as Pilgrims in this world. I can only hope that his era is actually over, though I highly doubt that.

Human Rights & the Academy Awards

2009-03-11T01:52:00.007-05:00

OK, perhaps hypocrisy at some level is part of our common human character.

None of us are exempt from it. It is a mistake we all make & in part might be due to our inability to see objects from other perspectives at the same time. Often we all miss the nuances & inter-connections that constantly conflict with our perceptions of reality.

As such, it is probably wise to go forward, collectively, with a sense of our own smallness & to attempt to exercise humility.

That said, I think Sean Penn's actions in the last year have been particularly outrageous.

Perhaps they were unpardonable.

Last November, Penn wrote an editorial in the Nation about his trip to Venezuela to meet with Hugo Chavez & his trip to Cuba to meet with Raul Castro. You can read that glowing summary here

While I agree with Penn that we need to normalize our relationship with Cuba & we should have done so at the time of the fall of the Soviet Union, his writing is obtuse & flowery that I can't help but feel annoyed, for example, writing of Chavez:

"By now, October 2008, I [Sean Penn] had digested my earlier visits to Venezuela and Cuba and time spent with Chávez and Fidel Castro. I had grown increasingly intolerant of the propaganda. Though Chávez himself has a penchant for rhetoric, never has it been a cause for war. In hopes of demythologizing this "dictator," I decided to pay him another visit. By this time I had come to say to friends in private, "It's true, Chávez may not be a good man. But he may well be a great one."

Note, to Penn's credit, the article contains a single paragraph that addresses the fact that Cuba represses political dissent more than any other American country. This paragraph comes at the end after line after line of hollow praise of the greatness of both Chavez & Castro.

So Sean Penn, how dare you?

I'm wondering how he is getting away with this. At the the Academy Awards he condemned the proposition 8 as an offense against humanity. He took an award for his role as Harvey Milk. Milk of course battled the John Birch Society to move forward with civil liberties for gays.

But I'm wondering how Penn can write so adoringly of Raul & Fidel Castro while ignoring how Cubans would have treated the people who live on San Francisco's Castro, had they been in Cuba?

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Cuba has imprisoned people for being gay. Cuban police have terrorized people for being gay, labeling them "maricones" and agents of imperialism. Fidel openly opposed them & illegalized homosexuality.

Proposition 8 certainly denied Californian gays the ability to marry. But even that, doesn't compare to the violence, imprisonment, & indignity suffered by those in Cuba.

Violence, imprisonment, & indignity which they suffered even as Penn sat with Castro in his hacienda.

For which, they & all political dissidents suffer even at this moment.

For this reason, I don't think Penn has the moral authority to talk down to anyone. He really ought to apologize: To the gay community, to the family of Harvey Milk, & even to the supporters of Proposition 8, whom he demonized.

& the academy should apologize too. They booed Michael Moore for his critique of an unjust war, yet they applauded Sean Penn while looking past a serious human rights issue? Unbelievable.

Justice, truth, & equality are all wholes, when in parts, they cease to exist.

don't forget your fiber

2009-03-07T10:46:00.003-06:00

CONSUMERISM & THE ENVIRONMENT

Consumed product --> Waste, i.e. paper, cardboard, etc. --> Exported to China ( which has very limited natural fiber resources available) --> 16 months of global RECESSION--> Sharp decline in U.S. Consumer Spending --> Rejection of Exported Fiber @ Chinese port --> Fiber returns to U.S. --> Exported post-consumer waste goes to the landfill.

Yeah, no joke.

Hermeneutics: Cross Streets for Law & Theology

2009-02-27T17:52:00.009-06:00

for the past two weeks the subject of legal hermeneutics has been a reoccurring theme in my classes. particularly in my contracts class and in my class on statutory interpretation. because i spent a great deal of my undergraduate studies focused on both linguistics & biblical hermeneutics i cannot avoid making comparisons between law & theology.

here is how i want to frame this issue:

in every attempt to interpret text one has the option of reading the text alone or looking to external evidence surrounding the text, i.e., the context.

what i have observed is surprising to me, that is lawyers are far more conservative (in a non-political sense) than most theologians. further, the rules of legal contract & statutory interpretation reflect a far more optimistic view of the ability of any audience to understand language.

of course, there are exceptions, but generally this appears to be the case. i imagine this difference relates to the different purposes of those seeking to interpret & the differences of the texts themselves.

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biblical hermeneutics

while studying in college, hermeneutics probably was the subject that most increased my appreciation for the biblical text. this discipline taught me the value of nuance & that what seems clear or plain, is often quite the contrary. to wit, simplicity has no place in attempting to comprehend a document from the ancient near east.

certainly the most oft repeated phrase was, "a text without a context, is only a pretext."

thus, the interpreter must begin in the text itself, but suspend their conclusions on its meaning until they have thoroughly understood the historical, philosophcial, religious, context of the original audience.

this view arises from the belief that an author has an actual intention in their writing. that intention is the sole meaning of the text. thus, this method places a burden on the modern reader to not insert their own views into the text, while asserting that there is an objective meaning to the text.

any view, but the original authors, is flawed & ought to be abandoned.

thus, biblical hermeneutics require a great deal of work outside, extrinsic to the text. there is no reason to ignore "plain meaning" rules in this work. in fact, if one wishes to insist their is a meaning contrary to the plain appearance, the burden rests on them to make that case convincingly. still, an interpreter has failed, fatally, in their task if they stop with the text & do not seek the context.

//

legal hermeneutics*

what is striking is the opposite in legal theory. instead, in both contracts & statutory interpretation, the role of the judge is to examine the final document of text. they cannot look to extrinsic evidence, such as prior writings in contracts or legislative history in statutes. their concern is neither to interpret the intention of the of the contracting parties nor the intention of the legislature.

instead, the text itself shall be interpreted as it is.

the purpose is to increase objectivity.

and there might be some truth here, contracts & statutes, as texts, were not translated from ancient semitic or greco languages. they are much closer to the original author as interpreters.

but, because law depends on legitimacy to be effective, i propose this view is mistaken because it ignores the inherent ambiguity of language.

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conclusion:

i would propose that the latter view is actually more subjective. & less legitimate. by ignoring the reality that words carry inherent ambiguity as they transmit semantics from speaker to audience, these judges wrongly assume their ability to objectively read a text.

they are wrong because they assume they can be objective readers. But the reality is that only the text itself is objective.

they are interpreting subjects; the text a static object.

that's not to say words are not connected to reality, i won't go into that philosophical debate here. assuming that language is referential, i propose that reading the text alone is an error in hermeneutics. i am not advocating theories of linguistic contingency.

by reading a text alone, the interpreter cannot help but insert themselves into their interpretation. this is human psychology: self-focused first & able to think outwardly second.

textualist theories are then selfish theories, autonomous theories that disrespect community. author's intent must be the goal while attempting to interpret either a contract or a statute. thus, external evidence should always be employed for the purpose of learning the context of the statute or the contract. this will lead to more legitimate law because the process of interpretation then involves more than one mind.

that is my proposition.

any thoughts?

* this only reflects the common law & a majority of jurisdictions. some states have employed a much more comfortable view toward use of extrinsic evidence in interpretation. California has done so in contract theory & Kentucky has done so in their processes of judicial review. Judge Kozinski of the ninth circuit court of federal appeals, spoke harshly toward the opinion of Judge Traynor in the California Supreme Court precedent but followed it nonetheless, snooting, "i can understand the meaning of words..."