Brought to you by the War on Drugs

If a thief be found breaking up, and be smitten that he die, there shall no blood be shed for him.
--Exodus 22:2

Blackstone, Commentaries on the Laws of England:

Burglary, or nocturnal housebreaking, has always been looked upon as a very, heinous offense, not only because of the abundant terror that it naturally carries with it, but also as it is a forcible invasion and disturbance of that right of habitation, an invasion which in such a state would be sure to be punished with death, unless the assailant were the stronger. But in civil society, the laws also come in to the assistance of the weaker party; and, besides that they leave him this natural right of killing the aggressor, if he can. . . .

On November 21, 2006, three armed men burst through the door of Kathryn Johnston's house. It was about 7 pm, which according to my almanac, was about an hour and a half after sunset. Ms. Johnston was reported to be 92 years old. She owned an old pistol. She shot once at the invaders.

The men who kicked down the door returned 39 shots and killed her. They were on a mission in the name of the Atlanta Police Department. They were performing a drug raid under authority of a no-knock warrant obtained by perjury and on the tip of an unnamed informant. The informant later stated that he was coerced by the police to lie about buying drugs at the house.

Today, two of the officers pled guilty to manslaughter and other crimes, including violation of oath, criminal solicitation, and making false statements. One of the officers admitted committing perjury. They pled down from charges of felony murder. The other officer faces trial.

http://www.cnn.com/2007/LAW/04/26/atlanta.indictments.ap/index.html

The two guilty officers are facing 10 years in prison.

By Biblical standards, the English Common Law, and the State of Georgia's statutes, Kathryn Johnston was justified in shooting at the intruders. They were committing the felony of residential burglary--breaking into a house unlawfully. It was unlawful because they were using a warrant obtained by perjury. And the guilty officers admit that.

Under the felony-murder rule, generally, if a person causes the death of an innocent person while committing a felony, it is punishable as murder. Nevertheless, the vagaries of our modern justice system apparently compelled the prosecutor to agree to a lesser charge. Soft "justice."

Whoso sheddeth man's blood, by man shall his blood be shed: for in the image of God made he man.
--Genesis 9:6.

Those who favor the police using military tactics, no-knock warrants, warrantless wiretaps, and constant surrveillance consider this:

You have long since lost assurance that the armed wing of the state will leave you alone if you "have nothing to hide."

Thank the War on Drugs, the War on Terror, and whatever other War on Abstractions yet to come. As they say, Freedom isn't free.

Learning sin through the tax code

What shall we say then? Is the law sin? God forbid. Nay, I had not known sin, but by the law: for I had not known lust, except the law had said, Thou shalt not covet.

But sin, taking occasion by the commandment, wrought in me all manner of concupiscence. For without the law sin was dead.

Romans 7:7-8

Internal Revenue code, 26 U.S.C. 6050I:

Returns relating to cash received in trade or business, etc.
(a) Cash receipts of more than $10,000
Any person -
(1) who is engaged in a trade or business, and
(2) who, in the course of such trade or business, receives more than $10,000 in cash in 1 transaction (or 2 or more related transactions), shall make the return described in subsection (b) with respect to such transaction (or related transactions) at such time as the Secretary may by regulations prescribe. . . .

I'm spending many hours learning about tax crimes. I already knew about the requirement that you had to report business cash transactions of more than $10,000, but I never really thought that failure to do that would be a felony. But it is:

26 U.S.C. 7203:

Willful failure to file return, supply information, or pay tax.

Any person required under this title to pay any estimated tax or tax, or required by this title or by regulations made under authority thereof to make a return, keep any records, or supply any information, who willfully fails to pay such estimated tax or tax, make such return, keep such records, or supply such information, at the time or times required by law or regulations, shall, in addition to other penalties provided by law, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $25,000 ($100,000 in the case of a corporation), or imprisoned not more than 1 year, or both, together with the costs of prosecution. In the case of any person with respect to whom there is a failure to pay any estimated tax, this section shall not apply to such person with respect to such failure if there is no addition to tax under section 6654 or 6655 with respect to such failure. In the case of a willful violation of any provision of section 6050I, the first sentence of this section shall be applied by substituting "felony" for "misdemeanor" and "5 years" for "1 year".

Before I ran across this, I never had a desire to deal in cash transactions over $10,000. But now I have a perverse desire to do this every day. Of course, I would file the required form each time just to add to the work of the Treasury Department.

Paul was right, "Nay, I had not known sin, but by the law: for I had not known lust, except the law had said, Thou shalt not covet."

Thank God I don't have $10,000 cash with which to go around transacting.

Proper Deconstruction

And the LORD God took the man, and put him into the garden of Eden to dress it and to keep it.

And the LORD God commanded the man, saying, Of every tree of the garden thou mayest freely eat:

But of the tree of the knowledge of good and evil, thou shalt not eat of it: for in the day that thou eatest thereof thou shalt surely die.

Genesis 2:15-17.

And when the woman saw that the tree was good for food, and that it was pleasant to the eyes, and a tree to be desired to make one wise, she took of the fruit thereof, and did eat, and gave also unto her husband with her; and he did eat.

Genesis 3:6.

I was not quite two years old and curious when I found the square hole in a wall near the basement stairs. I peered into the hole, saw squiggly objects, and stuck in my finger. I felt a strong buzz and surprising pain. I looked at my finger and saw it wasn't bloodied. I tried it again. Same result. I giggled nervously and pronounced my first scientific hypothesis:

"Dere's a bug in dere."

My mom heard me, saw what I was up to, and yanked me by the arm. She yelled for my dad. He, from my mother's tone and pointing finger, promptly understood the situation. He uttered his standard curse, grabbed a screwdriver, and slapped a cover over the open outlet.

Of course, that didn't stop me from future experiments. I have had a lifelong fascination with electricity and with science. Not many years later, Dad trusted me with house wiring after teaching me the fundamentals.

This memory came back to me as I was contemplating Gordon Clark's Thales to Dewey, A History of Philosophy, especially his section on Descartes. Although the earlier philosophers dealt with important problems, particularly in trying to deal with how we know things, I was struck by how familiar to my own experience this philosopher sounded. It caused me to dig out my old copy of Descartes' Discourse de la Méthode.

Descartes, after going to the "most celebrated schools in Europe" and finding himself overwhelmed with his own ignorance, became disenchanted with the state of knowledge. He was embarrassed to discover that the more he studied, the more he became aware of his ignorance. He was distressed by the state of philosophy and science:

"Not to mention philosophy, seeing it had been cultivated by the most excellent spirits who have lived through the centuries, and which, nevertheless, one cannot find a single thing that is not in dispute .
. . .
"Then, for other sciences, insomuch as they borrow their principles from philosophy, I judged that nothing solid could be built on such an infirm foundation."

Discours de la Méthode, R. Descartes, GF Flammarion, Paris (1966), p. 38. (My translation of the French).

So Descartes embarked upon his Méthode and his Meditations, building from his famous dictum "Je pense, donc je suis." (Or the more familiar "Cogito, ergo sum"--I think, therefore I am.)

Descartes recognized the futility of trying to base certainty upon sensation. Gordon Clark points out in Thales, however, that Descartes could never obtain first principles. Rationalism could not provide the certainty he desired.

Uncomfortable in our skin, we constantly strive to find something solid upon which to rest. Yet when we look to ourselves or our surroundings, original sin raises its head. We find that the solid ground shifts when pressed. And when we look to the abstract world, we find that what is true there has no connection to what we experience. We discover what we cannot know and are naturally ashamed of our nakedness. (See Genesis 3:7-21.)

However, if we take God at his word, we can say that God made us to experience the world empirically. Our knowledge is not grounded in sense perception, it is confirmed (which explains my delight at the repeatability of my early experiment). Our Creator made our nature to have sense perception and to draw intuitive inferences from such perceptions. Things are "obvious" only because we were made to see them that way.

For instance, we often take an isolated experience and quite naturally extrapolate a universal conclusion from it. I touch steaming water and it hurts. I don't need to perform the experiment many times to develop a probability theory that hot water scalds. One experience is enough. That is because I intuitively believe that the universe is consistent. This is what science is all about. Inductive reasoning is practical and useful because our assumption about the universe is apparently true. We can't prove the assumption, we understand it innately.

The problem we have these days, I think, is that we have unconsciously forgotten the original rules. We have sought to disprove the basic assumption that God created the universe and created us with certain attributes to sense the universe and interpret it. Instead, we apply our God-created attributes to disprove the Creator. It is negative bootstrapping: we try to take off our shoes while standing in them.

Here postmodernism is helpful in a backhanded way. Jacques Derrida developed a form of deconstruction that seemed to suggest that language itself cannot convey true meaning. Derrida didn't think that was what he was doing, but people who have adopted his approach say this very thing. And, to an extent, they are right. If you spend your time trying to determine meaning apart from experience, you fall into the trap the rationalists fell into: whatever meaning is, it is not what we experience. And if you spend your time trying to attach meaning to experience, you conclude that meaning is only subjective. Either way, this obsession with nailing down the "Truth" with reference to our selves or to the abstract leads practically and inexorably to the despair of uncertainty.

Even the "hard" sciences are not exempt. In physics, Heisenberg contemplated the impossibility of true knowledge of certain events. Measure velocity of a subatomic particle and you destroy the ability to know its position. The crisis is that these events underlie everything. The self-contained mind finds this unacceptable. Our hubris and confidence demand that we not be denied the forbidden knowledge.

The postmodernism of our day is pointing clearly to the failure of our power. However, it fails itself to account for the failure. It tells us that Empiricism has obviously imploded and Rationalism's closed circle keeps us out. It then tries to accommodate Irrationalism. But its best practitioners are too smart to see this approach leading anywhere useful. They cheerfully tear things down, optimistic that something will be left standing. Others, following the existentialists, are not so optimistic. Either way, they find their current meaning in denying meaning.

". . . he that increaseth knowledge increaseth sorrow. "

Ecclesiastes 1:18.

The problem is quite basic: we confront "forbidden knowledge" as if it were an affront to our destiny. We miss the point that the knowledge is forbidden not because God capriciously hides the ball, but because we are ontologically incapable of knowing it. We are caterpillars demanding to understand our existence while denying metamorphosis.

Soon, I think, the world will be ready for a new old truth:

And further, by these, my son, be admonished: of making many books there is no end; and much study is a weariness of the flesh.

Let us hear the conclusion of the whole matter: Fear God, and keep his commandments: for this is the whole duty of man.

For God shall bring every work into judgment, with every secret thing, whether it be good, or whether it be evil.

Ecclesiastes 12:12-14.

God created us to interpret Creation. Yet from the start we seek to define Creation. Ever bent to usurpation, we seek wisdom independent of God.

Much study is a weariness of the flesh, especially when we try to ponder the fundamentally imponderable. But, in our proper role as interpreters of Creation, we should not be wearied at learning. Granted, our faculties are weak and our natural grasp exceeds our allotted reach. Yet we are equipped, and we have a clear direction:

The fear of the LORD is the instruction of wisdom; and before honor is humility.

Proverbs 15:33.

Through faith we understand that the worlds were framed by the word of God, so that things which are seen were not made of things which do appear.Hebrews 11:3.

This is the beauty of our Christ, Lord Jesus, and the Word revealed. I often think of myself as a cheerful malcontent. I'm a malcontent because of how disordered our world has become. I am cheerful because I believe that the power of self-generated understanding is about to have run its course. At that point we will rediscover what our original parents learned in their Fall, that we are naked, ashamed, and without excuse. And, God willing, our eyes will be opened to the God of Wisdom:

And there shall come forth a rod out of the stem of Jesse, and a Branch shall grow out of his roots:

And the spirit of the LORD shall rest upon him, the spirit of wisdom and understanding, the spirit of counsel and might, the spirit of knowledge and of the fear of the LORD;

And shall make him of quick understanding in the fear of the LORD: and he shall not judge after the sight of his eyes, neither reprove after the hearing of his ears.

Isaiah 11:1-3.

________________________________________

Laws of Nature Trump Natural Law

"Natural Law" is a hot topic of discussion in many contemporary circles. Political Science aficionados bandy the term around while arguing for a particular view of how the Constitution should be applied. Ethicists and philosophers debate how a natural law perspective can inform proper action. Postmodernists question whether natural law can even be discovered. Theologians address it in terms of the proper role of a state with respect to the church and vice versa. And normal people sometimes invoke the term to justify self-autonomy, or the "Pursuit of Happiness" as a normative rule.

Scholarly writers rarely mention the name of Blackstone, let alone his very interesting distinction between "The Laws of Nature" and "Natural Law." Even Christian writers, who ought to be interested, normally equate the two terms. (I alluded to this observation here.)

I just performed a computer search of law review publications, using the terms "law of nature" and "natural law" found in the same paragraph. The search yielded 746 citations. Of those, I reviewed about thirty. Every one used the terms interchangeably.

I added "Blackstone" to the search. That search yielded only five articles. Blackstone, apparently, is not a popular author among legal scholars. In those five articles, no distinction between the terms is found.

Blackstone clearly articulated the distinction and considered the two terms to be separate terms of art:

"Yet undoubtedly the revealed law is of infinitely more authenticity than that moral system, which is framed by ethical writers, and denominated the natural law. Because one is the law of nature, expressly declared so to be by God himself; the other is only what, by the assistance of human reason, we imagine to be that law. If we could be as certain of the latter as we are of the former, both would have an equal authority; but, till then, they can never be put in any competition together."

Blackstone's Commentaries. Book I, Part I, Section 2 (emphasis added). (A decent version of the Commentaries can be found here.)

The point Blackstone made, which was rejected by the legal positivists of the late 19th and early 20th centuries, was that the express law of God, as revealed, is the primary authority. We may use our minds and reason to try to develop an understanding of law (this is "Natural Law", in other words, what our fallen minds attempt to deduce from Nature), but the clear teaching of God (the Law of Nature, the very decree that binds the universe and all of its creatures) must guide our reason.

One of the sad legacies of Christopher Columbus Langdell, dean of Harvard Law School in the late 19th century, is that now almost nobody reads Blackstone. Langdell adopted the case study approach of law. It was supposed to be a "scientific" approach, following inductive analysis of how courts decided cases instead of an abstract analysis based upon ancient principles. Legal thinkers initially opposed this idea, but it became the standard format for legal eductation in almost every law school in the country.

This approach was a conscious unmooring of jurisprudence from theology. Roscoe Pound, following Langdell, stated the following in his essay "Mechanical Jurisprudence":

"We have, then, the same task in jurisprudence that has been achieved in philosophy, in the natural sciences and in politics. We have to rid ourselves of this sort of legality and to attain a pragmatic, a sociological legal science.
. . .
Herein is the task of the sociological jurist. Professor Small defines the sociological movement as "a frank endeavor to secure for the human factor in experience the central place which belongs to it in our whole scheme of thought and action." The sociological movement in jurisprudence is a movement for pragmatism as a philosophy of law; for the adjustment of principles and doctrines to the human conditions they are to govern rather than to assumed first principles; for putting the human factor in the central place and relegating logic to its true position as an instrument."

8 Colum. L. Rev. 605, 609-10 (1908).

Blackstone, of course, interfered with this approach. He was ignored because he argued from first principles:

"Man, considered as a creature, must necessarily be subject to the laws of his creator, for he is entirely a dependent being. A being, independent of any other, has no rule to pursue, but such as he prescribes to himself; but a state of dependence will inevitably oblige the inferior to take the will of him, on whom he depends, as the rule of his conduct: not indeed in every particular, but in all those points wherein his dependence consists. This principle therefore has more or less extent and effect, in proportion as the superiority of the one and the dependence of the other is greater or less, absolute or limited. And consequently, as man depends absolutely upon his maker for every thing, it is necessary that he should in all points conform to his maker's will.

This will of his maker is called the law of nature."

Blackstone's Commentaries. Book I, Part I, Section 2

Blackstone expressly answered those who would place fallen human reason over the revealed law of God:

"To instance in the case of murder; this is expressly forbidden by the divine, and demonstrably by the natural law; and from these prohibitions arises the true unlawfulness of this crime. Those human laws that annex a punishment to it, do not at all increase its moral guilt, or super add any fresh obligation in foro conscientiae to abstain from its perpetration. Nay, if any human law should allow or enjoin us to commit it, we are bound to transgress that human law, or else we must offend both the natural and the divine." (Bold emphasis added).

It is not surprising for modern commentators to disagree with Blackstone. What is surprising is that modern commentators completely miss the basic understanding of legal terms used by those debating how our government was to be formed. Blackstone was widely read and discussed in those days.

Our Declaration of Independence opens with these familiar and very deliberately chosen words:

When in the Course of human Events, it becomes necessary for one People to dissolve the Political Bands which have connected them with another, and to assume among the Powers of the Earth, the separate and equal Station to which the Laws of Nature and of Nature's God entitle them, a decent Respect to the Opinions of Mankind requires that they should declare the causes which impel them to the Separation.

I am not asserting that the United States was organized as a Christian country. But I find it hard to believe that so many scholars can miss the point that this country was organized under a Christian view of law. The term of art "Laws of Nature" clearly meant laws conforming to the revealed will of God. In other words, the Bible was considered to be the source of our law.

I suppose it is not odd that such things can be swept under the rug. I only wish that Christian scholars, lawyers, and writers would not also man the brooms.

Lost Knowledge

And the LORD God took the man, and put him into the garden of Eden to dress it and to keep it. Genesis 2:15.

Even though I shouldn't be, I am often amazed at foolish statements that show up in news items or even scientific reports. There seems to be a cycle in which common knowledge is lost, replaced by pseudo-knowledge, and then, suddenly the old knowledge is rediscovered and announced with surprise. I've seen this happen over and over again in my relatively brief sojourn.

For instance, in the early 1980s, the invading spotted knapweed was a big problem in Montana. It had the potential to render useless millions of acres of rangeland. Researchers were working full time to figure out the weed. One of the first things they discovered was that it was "alleolopathic." That means that it produces a poison to kill other plants. I knew one of the researchers who proved this. He published his findings in a scientific journal more than 25 years ago. He even isolated one of the compounds.

Two months ago I picked up a publication from the Montana State University College of Agriculture announcing that researchers there had recently made the profound discovery that spotted knapweed produced a poison to kill other plants. I immediately wondered if the researchers were even aware of my friend's work, which was done at the same university.

So now I turn to a news item I read this morning. It is about a plan to raise genetically-engineered rice in Kansas. The rice is supposed to contain human genes to produce certain human hormones.

USDA Backs Production of Rice With Human Genes.

Without getting into the aspect of implanting human genes into plants (I think it is a bad idea) the following paragraph struck me as amazingly ignorant:

"Because no other rice is grown in Kansas and because rice can grow only in flooded areas, the risk of escape or cross-fertilization with other rice plants is nil there, Deeter said. The company will mill virtually all the seeds on site-- using dedicated equipment -- to minimize the risk of seeds getting mistakenly released or sold."

Perhaps it is true that no other rice is grown in Kansas, but it is not true that rice needs flooded areas. When I was an agriculturalist, everyone I knew was aware that rice could grow on dry land. Upland and dryland rice farming has been practiced from before recorded history in places all over the globe. They do it in Brazil right now:

I remember one of our own experiment stations growing rice. That was in the silt-loam prairie soil near Bozeman Montana. And it was done without "flooded areas."

So common knowledge has been dumped yet again. I hope that there won't be some surprising "rediscovery" that rice, particularly chimerical rice, can grow in the wild and spread its strange genes indiscriminately.

And the earth brought forth grass, and herb yielding seed after his kind, and the tree yielding fruit, whose seed was in itself, after his kind: and God saw that it was good. Genesis 1:12

No doubt but ye are the people, and wisdom shall die with you. Job 12:2.

Just a Reminder

It's not really yours. And, at least according to the tax man, it isn't God's either.

Most of us believe in private property rights. As Americans, and even nominal Christians, we think that such rights are ordained and established by God. Our representative government has a different view. That entity also employs men with badges and weapons to enforce that view.

I'm not talking now about property taxes. Everyone is familiar with that aspect of state ownership of our "property". Nor am I even talking about the "use tax" that many states employ (including my home state) for the "use and enjoyment within the boundaries of the state" of personal property.

No, right now I'm simply talking about everything you own.

The Internal Revenue Code contains numerous provisions for taxing transfers of property. If it is done after you die, it is the estate tax. If you make the transfer during your life, it is subject to a gift tax. Happily, for us peons,* Congress has made exemptions. It has graciously allowed us to give up to $12,000 per person to anyone each year without having to pay tax. (There are other exemptions too.) If an exemption doesn't apply to you, the government claims up to 40%. Actually, if you are moderately wealthy and make a few bad choices, you could be liable for 113% of the gift in certain scenarios.

The important thing is the presumption: you owe the tax unless Congress has granted a special exemption.

One of the classic elements of the right to private property was the power to dispose of it as you wished. But, for a long time, Congress has not recognized such a right. Instead, it considers such a transfer to be a privilege subject to its discretion:

"Like provisions in earlier acts have been generally upheld as imposing a tax on the privilege of transferring the property of a decedent at death. . . ." Chase Nat'l Bank v. US, 278 US 327, 334 (1929).

We can pray that Congress will continue to be merciful. As it is now, we have no real claim of right. Short of a political revolution (or other kind), it is not likely to change.

In the meantime, the sovereign reserves its right to follow history:

And now whereas my father did lade you with a heavy yoke, I will add to your yoke: my father hath chastised you with whips, but I will chastise you with scorpions.

1 Kings 12:11

Nevertheless, the God with whom we have to do, our avenger and our judge, lays a greater claim: ". . . for the world is mine, and the fulness thereof." Psalm 50:12. As we pay obeisance to the rulers of this world, we can still pray and protest, invoking Psalm 2:

Be wise now therefore, O ye kings: be instructed, ye judges of the earth.
Serve the LORD with fear, and rejoice with trembling.
Kiss the Son, lest he be angry, and ye perish from the way, when his wrath is kindled but a little. Blessed are all they that put their trust in him.


*Peon (noun)
. . . a person held in compulsory servitude to a master for the working out of an indebtedness
b : DRUDGE, MENIAL

Merriam-Webster Online Dictionary

Hazardous Hubris

The meek will he guide in judgment: and the meek will he teach his way.

-- Psalm 25:9

Nietzsche considered the "will to power" to be the most basic human drive. Our culture implicitly agrees. Having the high hand in any conflict is to feel secure. In all realms of current life, such as finance, law, science, politics, and social relationships, tremendous energy is expended to maintain this upper hand.

This natural desire is no doubt important. It always has been. Cain sought power, his descendant Lamech sought even more. From the wicked kings of Israel to the present moguls of business and politics, the driving force of history seems to be the quest for power.

We who take seriously the coming of God's Kingdom need to be careful about this. It is one thing to claim culture for Christ, it is quite another to do it with a high hand. Arrogance, even in the name of God, is unlikely to garner his favor. In 2 Kings 10, Jehu's zeal in slaughtering the house of Ahab, although commended by God, was not grounded in faith. He "took no heed to walk in the law of the LORD God of Israel with all his heart." v. 31. Because Jehu exalted himself, Hosea ch.1 tells us the kingdom of Israel was to cease.

But the soul that doeth aught with a high hand, whether he be home-born or a soujourner, the same blasphemeth Jehovah; and that soul shall be cut off from among his people.

--Numbers 15:30 (ASV)

As always, there are significant controversies bubbling in the so-called world of reformed Christianity. I have strong opinions on some of them, indifferent opinions on others. Where one has a strong opinion, I think it is important to express it clearly and with reason. But I've been around long enough to know that how you fight makes all the difference. When the counterattack involves name-calling, sanctimonious smugness, and back-handed dismissal, the battle is over. The important thing is not to blow it by responding in kind.

So it goes in all of our conflicts. The battle is the Lord's. A brief review of the word "meek" in the Bible produced this interesting nugget:

Seek ye the LORD, all ye meek of the earth, which have wrought his judgment; seek righteousness, seek meekness: it may be ye shall be hid in the day of the LORD'S anger.

-- Zephaniah 2:3

The word for "meek" here in the Hebrew, (ענוי) (transliterated "anavee") means lowly or humbled. But what is interesting is that these meek people "have wrought his judgment." And Zephaniah equates meekness with righteousness, which itself means being in the right both morally and legally.

There is something important here. Being right involves being meek. Meekness, in other words, is not for wilting wimps. It is for those who look to God for protection and seek to glorify only God in their rightness. How difficult it is for us to hold to that while we are tempted to bash our opponents. May our zeal be grounded in meekness. May it not be the zeal of Jehu.

For the LORD taketh pleasure in his people: he will beautify the meek with salvation.
--Psalm 149:4:

Blessed are the meek: for they shall inherit the earth.
-- Matthew 5:5