Re: John Lofton/Oaths

2005-07-30 Thread RJLipkin
An omitted final remark: Even if pluralism, in some societies, tolerates groups  not of equal status, that shows the connection between pluralism and toleration, not the reverse. So even given Doug's historical point, one can readily say pluralism and toleration not only coexist, but

Re: John Lofton/Oaths

2005-07-30 Thread RJLipkin
I thought this was what Jim's distinction between pluralism and tolerance amounted to, but wasn't sure.  Unfortunately, current dictionary usage is ambiguous about the status of "toleration."  Many dictionary entries stress putting up with or suffering something.  But even here the o

Re: John Lofton/Oaths

2005-07-29 Thread Steven Jamar
Thanks for the clarification, Jim.  This is a technical use of the terms of which I was not aware.It seems to me that a pluralistic system (in the more formal sense Jim is using the term) requires tolerance (in a colloquial sense) by all groups concerned.In a non-technical sense the US is pluralist

Re: John Lofton/Oaths

2005-07-29 Thread JMHACLJ
In a message dated 7/29/2005 7:26:42 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: England passed an Act of Toleration in the late 17th century.  It coexisted with an established church and test oaths.  The Americans a century later substituted "free exercise" for toleratio

Re: John Lofton/Oaths

2005-07-29 Thread JMHACLJ
In a message dated 7/29/2005 8:05:20 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: Jim, are you seriously saying that pluralistic and tolerant are not able to mutually exclusive?  A society cannot be both pluralistic and tolerant?  I've never heard tolerance offered in contras

Re: John Lofton/Oaths

2005-07-29 Thread JMHACLJ
In a message dated 7/29/2005 7:46:50 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: No, most cookie recipes use both salt and sugar.  A pinch of salt removes bitterness in other ingredients, and makes the sugar seem sweeter -- in the end, requiring less sugar for better taste.

Re: John Lofton/Oaths

2005-07-29 Thread Steven Jamar
OOPS.  I meant mutually exist.  An editing problem.  Sorry.SteveOn Jul 29, 2005, at 8:04 PM, Steven Jamar wrote:Jim, are you seriously saying that pluralistic and tolerant are not able to mutually exclusive?  A society cannot be both pluralistic and tolerant?  I've never heard tolerance offered in

Re: John Lofton/Oaths

2005-07-29 Thread Steven Jamar
Jim, are you seriously saying that pluralistic and tolerant are not able to mutually exclusive?  A society cannot be both pluralistic and tolerant?  I've never heard tolerance offered in contrast to pluralistic.  I've only ever seen them hand in hand -- we are pluralistic and tolerant of difference

Re: John Lofton/Oaths

2005-07-29 Thread Ed Darrell
No, most cookie recipes use both salt and sugar.  A pinch of salt removes bitterness in other ingredients, and makes the sugar seem sweeter -- in the end, requiring less sugar for better taste.   Sometimes a bright line just doesn't do the job.   Ed Darrell Dallas[EMAIL PROTECTED] wrote: Obviou

RE: John Lofton/Oaths

2005-07-29 Thread Douglas Laycock
41 512-471-6988 (fax) From: [EMAIL PROTECTED] on behalf of [EMAIL PROTECTED]Sent: Fri 7/29/2005 5:54 PMTo: religionlaw@lists.ucla.eduSubject: Re: John Lofton/Oaths Jim writes:   "But the development of trials from battle and fire to oath and jury suggests that some kind of meaning attac

Re: John Lofton/Oaths

2005-07-29 Thread RJLipkin
Jim writes:   "But the development of trials from battle and fire to oath and jury suggests that some kind of meaning attaches to an oath above and beyond the bare power of the court to punish perjury."   I think this unjustifiably conflates the origination of X with X's present char

Re: John Lofton/Oaths

2005-07-29 Thread JMHACLJ
In a message dated 7/29/2005 5:22:12 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: Haven’t we left the Lockean theory regarding the evidentiary value of oaths far behind?  Don’t most jurisdictions permit a witness to “affirm” an obligation to tell the truth, and to do so witho

Re: John Lofton/Oaths

2005-07-29 Thread RJLipkin
I do not recall Locke's views on this matter.  But we do accept affirmation; and I think the word "infidel," is to contemporary American sensibility, offensive.  Typically, its used to denigrate someone else's religious belief as irreligious because the belief is incompatible with th

Re: John Lofton/Oaths

2005-07-29 Thread JMHACLJ
In a message dated 7/29/2005 6:53:45 A.M. Eastern Standard Time, [EMAIL PROTECTED] writes: I doubt that most people, even religious people, are more ready to tell the truth only if the swear an oath to God rather than simply being informed that the perjury rules apply.  But

RE: John Lofton/Oaths

2005-07-29 Thread Newsom Michael
punishments? Jim, are you arguing that we should return to the Lockean view?   -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Friday, July 29, 2005 6:37 AM To: religionlaw@lists.ucla.edu Subject: Re: John Lofton/Oaths   In a message dated 7/29/2005 6:23:28 A.M

RE: John Lofton/Oaths

2005-07-29 Thread Friedman, Howard M.
, FAX (419) 530-4732 E-mail: [EMAIL PROTECTED] * From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Brad M Pardee Sent: Friday, July 29, 2005 1:35 PM To: Law & Religion issues for Law Academics Subject: Re: John Lofton/Oaths  

Re: John Lofton/Oaths

2005-07-29 Thread RJLipkin
My starting point was different.  If someone was devoted to religion, not simply out of fear or prudential concerns, but because he or she believed God to be the source of moral law, then unless secular law was impoverished, I can't imagine that person not truthfully testifying merel

Re: John Lofton/Oaths

2005-07-29 Thread Brad M Pardee
The primary difference between the two potentially motivating fears is that the legal system can be deceived as to whether or not one is telling the truth, so John Q. Witness might believe that he could perjure himself and get away with it.  An omniscient supreme being, on the other hand, would bo

Re: John Lofton/Oaths

2005-07-29 Thread Ed Darrell
Different things were happening on some levels, but not on others.  Jefferson and Madison started their remarkable collaboration in 1776, when the young Madison was appointed to the legislature in Virginia and showed up just after George Mason had decided the work on the Virginia bill-of-rights-to-

Re: John Lofton/Oaths

2005-07-29 Thread Gene Garman
Or, because religion is meaningless if coerced, the Establishment Clause means exactly what it says and is in play when "religion" is injected into any requirement by government in respect to an oath or affirmation or into any law respecting an establishment of religion; therefore, since govern

Re: John Lofton/Oaths

2005-07-29 Thread RJLipkin
I doubt that most people, even religious people, are more ready to tell the truth only if the swear an oath to God rather than simply being informed that the perjury rules apply.  But that aside, Jim presses the question, do we accept variances because "we are a pluralistic society o

Re: John Lofton/Oaths

2005-07-29 Thread JMHACLJ
In a message dated 7/29/2005 6:33:44 A.M. Eastern Standard Time, [EMAIL PROTECTED] writes: Any alternative argument must have Madison flip-flopping on religious freedom, and I don't think there is any evidence to support such a claim.  From his first success persuading Mason to put re

Re: John Lofton/Oaths

2005-07-29 Thread JMHACLJ
In a message dated 7/29/2005 6:23:28 A.M. Eastern Standard Time, [EMAIL PROTECTED] writes: we might simply say to a witness, your testimony is subject to the laws of perjury, and you're legally required to tell the truth whether you swear an oath or not.   Bobby, the problem is that b

Re: John Lofton/Oaths

2005-07-29 Thread Ed Darrell
Madison's lifelong obsession with religious liberty produced a constant refinement in what he wrote and in the laws he passed.  The First Amendment is much shorter than the Virginia Statute for Religious Freedom.  It benefits from four years of thought about how to edit it, and from the Constitutio

Re: John Lofton/Oaths

2005-07-29 Thread JMHACLJ
In a message dated 7/29/2005 4:31:28 A.M. Eastern Standard Time, [EMAIL PROTECTED] writes: Everybody's included, in Jefferson's view.  Not toleration Okay.  Now that evidences the possibility that Virginia was pluralist rather than tolerant.  But the Virginia Statute is not part of the Con

Re: John Lofton/Oaths

2005-07-29 Thread Ed Darrell
Historically, one might draw a direct line from Madison's Memorial and Remonstrance, through the passage of Jefferson's Statute for Religious Freedom, in Virginia, through the writing of the Constitution a few months later, and to the First Amendment.  Madison and Jefferson were much in agreement o

Re: John Lofton/Oaths

2005-07-28 Thread JMHACLJ
In a message dated 7/28/2005 9:22:03 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: I think we are both pluralist and tolerant or at least aspire to be, especially for constitutional and legal purposes.  But I'm not sure how they both play out.  It can't be that we're exhibitin

Re: John Lofton/Oaths

2005-07-28 Thread RJLipkin
In a message dated 7/28/2005 9:08:51 PM Eastern Standard Time, [EMAIL PROTECTED] writes: For constitutional and legal purposes, do you distinguish between pluralistic and tolerant societies?  I think we are both pluralist and tolerant or at least aspire to be, especially for c

Re: John Lofton/Oaths

2005-07-28 Thread JMHACLJ
In a message dated 7/28/2005 7:43:08 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: I'm not sure why it is implied that one's oath to God is false or rather to a false God unless one's hand is on the Bible. How can a pluralist society take a stand on which God is the true God? 

Re: John Lofton/Oaths

2005-07-28 Thread RJLipkin
I'm not sure why it is implied that one's oath to God is false or rather to a false God unless one's hand is on the Bible. How can a pluralist society take a stand on which God is the true God?  But more important, isn't the purpose of swearing an oath to God, to discipline the oath-

RE: John Lofton/Oaths

2005-07-28 Thread Francisco Martin
Mr. Lofton wrote in relevant part: "Interesting what happens when you de-abstractionize discussions by being specific, by, for example, simply quoting God's Word. In any event, let me take a swing at the questions asked below. My point was that, as God says, there's only one God --- Him. You either

Re: John Lofton/Oaths

2005-07-28 Thread Steven Jamar
I Mr. Pardee wasn't, I am.  What difference does it make when swearing to any god at all?  If one believes in that god and in consequences of making a false oath to or in the name of the god, then one may be more likely to actually follow through with telling the truth or performing the functions,

John Lofton/Oaths

2005-07-28 Thread Jlof
Interesting what happens when you de-abstractionize discussions by being specific, by, for example, simply quoting God's Word. In any event, let me take a swing at the questions asked below. My point was that, as God says, there's only one God --- Him. You either take an oath to Him or a false g