Showing posts with label legislation. Show all posts
Showing posts with label legislation. Show all posts

Friday, 8 March 2019

2. WHAT IT'S GOING TO TAKE - TRUE JUSTICE

WHAT IT’S GOING TO TAKE, Part 2 
TRUE JUSTICE
I need your forgiveness. It has been rightly said that whenever you put an adjective (a modifying word) in front of the word justice that justice no longer means justice. This is why ‘social justice’ actually distorts the word justice. Thus, because I am forced to entitle this second instalment, True Justice (so as to distinguish it from all of the other modified versions of justice), I must seek your forgiveness – but I hope that the content of what I am going to manifesto will compensate for my literary violence. In this second instalment of my manifesto for how our society can experience and enjoy the divine blessings of happiness, security, wellness, fulfilment, enlightenment, and prosperity, I am going to challenge those who are called to arena of justice to fulfil their calling just as I did for those called to politics and government in the first instalment.
O LORD, You hear the desire of the afflicted;
You will strengthen their heart;
You will incline Your ear
to do justice to the fatherless and the oppressed,
so that man who is of the earth may strike terror no more.
Psalm 10:17-18

WHAT IS JUSTICE?

Justice is primarily about what is right and true. It involves reasonable fairness based on what is right and true. (This is why we must be careful using the term social justice because it invariably involves positive unfairness.) Because it is grounded in what is right, it is unavoidably linked to the work of legislators who are responsible for codifying (writing in Law) what is right. This is why words matter. And this is why grammar matters (including pesky little things like commas and apostrophes which can inadvertently change the entire sentiment of a law).  
Give justice to the weak and the fatherless;
maintain the right of the afflicted and the destitute.
Psalm 82:3
The Scriptures speak a lot about the need for those people of influence to defend those less fortunate from abuse and oppression. The need for justice is viewed in Scripture as especially needed for the vulnerable – widows, fatherless, disabled, and the destitute – who are most susceptible to have it denied to them. In the late 17th century in England, a person could be imprisoned for missing a repayment on a loan, or, even if it was only alleged (even falsely) that they had committed an offence, and there was no judicial process for them to get justice – and no release from their imprisonment – until they had paid the jailer for their time in remand. One of the reasons we should all thank God is for a legal right called Habeas Corpus which was introduced by the British Parliament in 1679, and has since been adopted by most western countries. It now means that someone cannot be imprisoned unless they have been charged with a crime and had their case heard in a court of law. Habeas Corpus is fundamentally grounded in a Christian worldview which regards all people as being equal under the law and entitled to reasonable justice. Sadly though, there are too many nations today where this is not the case and people can be held in prison – and even tortured – without being charged with an offence or the due process of having their day in court. Saudi Arabia is one of the worst such human rights abusers of any nation according to Amnesty International.  Obviously they are not the only nation which do not recognise Habeas Corpus as a human right. China, Yemen, Syria, Iran, North Korea, Venezuela, Russia, and Turkey, each fail to provide reasonable justice to its citizens. Because I regard the unstoppable light of the Gospel through Spirit-empowered Christ-ambassadors to the transforming force for good in the world, I expect that eventually each of these nations will succumb to the message and influence of the Gospel and that they will subsequently embrace a Christian worldview in the justice systems. I therefore expect that there maybe teens reading this whom God has called from birth (they would have already become known for their keen sense of justice and concern for human rights globally) to become lawyers, or barristers, or attorneys, or judges, or justices, who will play a role on the international stage of diplomacy by using their trained legal minds to become the agents of such national transformations.
How blessed are those who promote justice,
and do what is right all the time! 
Psalm 106:3 NET

WHY DOES JUSTICE MATTER?

Justice matters for three important reasons. Firstly, it is the express will of God our Creator and an expression of His heart of love for all mankind. To promote true justice is to invoke God’s blessing (Psalm 106:3; 112:5). Secondly, it fulfils the second of God’s two great commandments for all people – to love your neighbour as yourself (Matt. 22:39). Thirdly, it becomes the framework for the Gospel to be understood and heightens men’s consciences to their unworthiness and need for a Saviour (Rom. 7:7).
Have you sensed the call of God on your life to be a minister of justice? I’ve already mentioned lawyers and judges as ministers of justice, but there are also those who serve as police and in the military. In addition to these public service roles, there are other ways to minister which you may not be familiar with and while some of them are ‘front-line’, many are invaluable behind the scenes roles. For example –
The International Justice Mission – works to free slaves around the world by working with local law enforcement. IJM Officers are usually seconded from experienced ex-Police and Military personnel. They rely on public donations for their vital work. Did you know that there are more people in slavery today than at any other time in human history?
Compassion Australia – is a Christian based organisation which is working to break the cycle of poverty in the Two-Thirds World. On their website they state, “Worldwide, 385 million children live in extreme poverty. Poverty robs children of their basic rights to learn, play and grow. In its ugliest form, poverty can lead to exploitation, child labour and even death. It’s unacceptable. That’s why our Child Sponsorship Program exists. Because more powerful than poverty is the hope of Jesus, the care of a local church and the encouragement of you: a loving sponsor.“
World Vision is possibly the world’s largest child sponsorship ministry. In Australia, under the leadership of Claire Rogers, they have made a significant re-mission focus back toward being a Gospel support ministry.
The Alliance For Defending Freedom is based in the USA and has a team of attorneys who take up the legal cause of Christians who are being ill-treated because of their faith in Christ. There are moves afoot to launch a similar ministry in Australia.

WHAT IT’S GOING TO TAKE

For those called into the frontlines of the judicial system as lawyers and barristers, and for some of you, as justices, your pathway necessarily involves you reading the classics and studying history, theology, English, philosophy and rhetoric – before you embark on your law degree studies. Chances are, that if God has already called you into the legal fraternity, you have already met practising lawyers and law students. Your road ahead is going to hard. It will require you to become highly self-disciplined and determined. You might be surprised how God will use you once you have qualified as a lawyer – it may not be in the courtroom where He will use you and your training! 
In recent times in America, and in other countries, radical social change has taken place when just one unelected judge made a ruling that changed the law and thereby the course of history! We need lawyers and judges who fear the Lord and understand the Christian worldview is not about imposing religious ideas, but about upholding reasonable justice and th truth for all – especially the most vulnerable. For those of us, and that’s most of us, who are not called into the frontlines of administering and ensuring justice, we can play our part in three vital ways:
Labor Party Policy and Abortion
Labor Party Policy on Abortion promotes great harm to the most vulnerable
1. At the ballot box – don’t waste your vote! If any political party or candidate promotes injustice (especially where the most vulnerable will be abused) do not vote for them! No political party or candidate is perfect, but whenever a party scandalously boasts about having a policy where they will fund the termination of a person’s life – whether it be a baby in the womb, or grand-parent in a nursing-home – do not vote for them!
2. Over coffee – whether it be catching up with your girlfriends or mates, or even around the water-cooler at work, when injustice is innocently and ignorantly promoted in conversations, be prepared to offer a winsome, reasonable, correction. This might be in the form of two questions- “Do you believe the unjustified taking of an innocent human being’s life is wrong?” “Did you know that without exception, those who work in the field of Human Embryology all regard a foetus in a mother’s womb as a human being?” 
3. On your knees – those in the political and justice spheres often feel that the Christian community are not fully behind them – and often feel that many in the Church simply do not care about the big issues confronting our society. As someone who is frequently the beneficiary of other’s prayers, I well know the difference between having people praying for you and no-one praying for you. It is my desire to inspire and help many more Christ-followers into politics and law, and it is equally my desire to muster people who will pray for them to be strong in Christ and His Word, and filled with courage to do what is right.  
Can I count on you to do these three much needed things? If you are one of the few whom God has called into the sphere of Law, you are destined to play an important role in defending the rights of the vulnerable, and uphold the reasonableness of the Christian worldview. And this is a role we need more lawyers and justices who know the love of Christ to fulfil. Tell me what you think and leave your comments below.

-Andrew Corbett

Friday, 1 March 2019

1. WHAT IT’S GOING TO TAKE - REDEEMING POLITICS

1. WHAT IT’S GOING TO TAKE: 
BABIES & POLITICAL PATH-TREADERS
The eighteenth century Irish writer, philosopher and British politician, Edmund Burke, once famously said, “The only thing necessary for the triumph of evil is for good men to do nothing.” Perhaps his words touched a young boy by the name of William who would grow up with a desire to enter politics and do something about the evils of English society some twenty years after Burke uttered these words. If Burke was alive today, and he had heard what happened in New York recently – or what is being proposed in South Australia – he might say, “I told you so.” I’m guessing, many years ago in New York, some young people, influenced by an ideology, committed their lives to changing society’s attitudes. This may have led to them embarking on a ‘political pathway’. They probably joined the Democratic Party quite young. They probably joined neighbourhood committees, sporting clubs, charity boards, and even municipal councils. I guess they would have been frequent participants at rallies and protests and maybe even helped organise them. I can imagine that they were quite active on their college campus joining fraternities and clubs to expand their social contacts. And eventually, the day came, when they had the numbers in the New York Legislature to pass a bill strangely called, New York’s Reproductive Health Act. The new law allows for an baby’s life to be terminated at any point in its mother’s pregnancy. South Australia is now proposing similar legislation.
¶ God-devotion makes a country strong;
God-avoidance leaves people weak.
Proverbs 14:34 [THE MESSAGE]
I speculate about the political pathway of New York’s Governor, Andrew Cuomo, and his political colleagues, because I believe that there are some hard lessons to be learned from it which I will soon point out and put out a call for young men and women to consider whether God is calling them on a political pathway to be ‘Esthers’ and ‘Daniels’ in an emerging generation of new political leaders of our State and nation.

New York Governor, Andrew Cuomo and Hillary Clinton

THROUGH HIM AND FOR HIM

For by Him all things were created, in heaven and on earth, visible and invisible, whether thrones or dominions or rulers or authorities—all things were created through Him and for Him.
Colossians 1:16
I anticipate that there will be many people who will object to what I am about to propose. They will cry, “Separation of Church and State!” and assert that the Church should ‘stay out of politics’. But I’m not arguing for the Church to get into politics. I’m appealing for those followers of Christ whom God is calling to make a difference for good in our society to accept their call and get on a pathway toward it. (I might also point out that it is usually repressive regimes which have the purist forms of ‘Separation of Church and State’ and that human rights generally don’t fair well in those regimes). Australia has never adopted a ‘Separation of Church and State’ approach to societal well-being. Rather, Australia has always had a ‘Cooperation between Church and State’ approach. This is seen in many facets of our society such as education, health, and welfare. There are some problems in society that the Church is just simply better resourced than the State to deal with. (Money alone doesn’t solve every problem.)
Our goal is not to ‘Christianise’ society. Our goal is to spread the fragrance of Christ into every arena of society so that women are not viewed as objects; children are respected and protected; leaders serve; politics guards; and sex is never unhinged from commitment. We strive for the vulnerable to be cared for. We seek for the enterprising to be ethically innovative, and development to be appropriate and sustainable. We want to inspire artists and artisans and imagineers to produce beauty. We want our environment to reflect its True Creator and for those called to subdue it to improve it. Thus, our mission is far bigger, far broader, far grander than just a ‘nice weekly worship service’. As Colossians 1:16 states, every realm of society – its governments, its institutions, its authorities – have been ordained by Christ to serve Christ for the glory of Christ.
There is not a square inch in the whole domain of our human existence over which Christ, who is Sovereign over all, does not cry, Mine!
Abraham Kuyper

GOD’S SOLUTIONS TO TOMORROW’S PROBLEMS

The fruit of the righteous is like a tree producing life, and the one who wins souls is wise.
Proverbs 11:30
F.W. Boreham once famously wrote, then illustrated how, God’s answer to every problem the world has ever faced has been a baby. He showed how the people who God clearly used to bring about justice, needed reform, and great good, came to necessary maturity just as the world faced its darkest hours. And while many Christians have put their hats in the ring of politics to make a much needed difference, all too often they have virtually attempted to ‘jump the queue’ in the process. It’s time we got a bit more intentional (and savvy) about how we encourage and support the divinely called into a life of political ministry. Simply seeing the need, or being well-intentioned, is not enough to qualify someone as an electable candidate. Despite what some think, winning a political election is not just a matter of ‘luck’!
Sometimes the ‘queue’ looks like saying hello to more people than most; running for SRC at Primary School (and if unsuccessful, trying again); joining a High School sporting team; joining Rotary; getting involved in community groups (such as Neighbourhood Watch); volunteering for a local charity; serving on the board of a not-for-profit organisation; attending more functions (including friend’s parties and more formal events); joining a political party; volunteering to help an already elected member get re-elected; getting involved in a Trade Union or University fraternity or club; standing for local council (and if you fail, running again); and then once you have personally connected with a few thousand people, run for State or Federal Parliament. Of course, in the meantime, get a trade or profession and diligently apply yourself in it in order to achieve two important things: (i) a strong work ethic; and, (ii) a strong reputation as a person of upstanding character. While many people have been taught that Proverbs 11:30 is about evangelism, its context is a actually a reflection of all that I have just proposed for someone who is a potential political candidate because what King Solomon is saying is that a wise person is someone who takes the time to get to know a lot of people and wins them over.
Perhaps you were born at just the time to be God’s response to the cries of God’s people (Esther 4:14).  
¶ During those many days the king of Egypt died, and the people of Israel groaned because of their slavery and cried out for help. Their cry for rescue from slavery came up to God. When the LORD saw that he turned aside to see, God called to him out of the bush, “Moses, Moses!” And he said, “Here I am.”
Exodus 2:23; 3:4

WHAT IT’S GOING TO TAKE

Of course, I’m not suggesting that Christians in politics is the sole solution to society’s woes. But I am saying that it is a necessary part of it. It is my hope that young men and women in our church who are called by God to enter politics will take advantage of all the leadership development resources we offer and equip themselves to reach their leadership potential. This is one of the reasons we have a Youth Group. It is a seed-bed for youth leadership development. In my next instalment, I want to talk to another group of young people in our church, without whom my appeal for people with a political call on their lives to step-up will be made very difficult, if not impossible.
Andrew

Friday, 28 September 2012

The Duty of Legislators


DEVELOPING REASONABLE
PUBLIC POLICY

By Dr Andrew Corbett, September 28th 2012

Legislators are charged with an office to formulate and review public policy as it potentially becomes legislation. They must consider arguments for and against each piece of potential legislation in order to discharge their office. Classically, there are six filters that must be passed in order for an idea to be considered 'logical'. These are listed and briefly described below and followed by the three general categories of all legislation which should be used to determine public policy.

1. Distinguish the rhetoric from the reason.
"Rhetoric" sounds good. It employs emotive language designed to move a listener. It connects the speaker with their audience by using experiences common to us all.
Examples-
"It is my firm conviction that…"
"I find this proposal to be the most offensive and dangerous idea that I have ever heard…"
"To go ahead with this would hurt the feelings of a good many people…"
"We must do this!"
"The time for change is now! … The time for this idea has now come."
"Even the President of the United States and the Prime Minister of England support this…"
None of the above examples convey a reason though. Distinguishing rhetoric from reason involves answering the why question. A reason may not be good, strong, or popular, but it may still be right.


2. Ground a moral decision.
Moral decisions determine what is right ("moral") and what is wrong ("immoral"). As such, every legislative decision is a moral decision. The question isn't whether legislators can legislate morality, the question is whose morality will they legislate? Natural Law Theory is the idea that just as there are certain physical laws which govern the universe (Gravity, Decay Rates, Newtonian, Speed of Light) there are also certain appreciable moral laws which govern human conduct. Professor J. Budziszewski (Professor of Government & Philosophy, University of Austen Texas) points out in his book, What We Can't Not Know, that these Natural Laws are readily identifiable, widely acknowledged, and timeless. The Natural Law is frequently encoded by most religions into their ethical frameworks and is often confused with "religion". Metaphorically, it serves as the 'horizon' for an aircraft pilot. Remove sight of the 'horizon' and a pilot can not always be certain which way is up and which way is down. For those who claim that morality is relative, we are left wondering, relative to what? Morality needs to grounded beyond the whims of public opinion, fashion, or a legislator's personal preference.


3. Establish the connection between an idea, a premise, and a conclusion.
A logical reason is grounded in an idea which has a premise that leads to a conclusion which follows. Some ideas masquerade as logical reasons but have a faulty or an unrelated conclusion. An example of faulty logical reasoning-
IDEA: This group of people should be granted this privilege.
PREMISE: Not giving everyone the same privilege is discrimination.
CONCLUSION: Therefore, everyone should be given this privilege.
Analysis-
The idea, "This group of people should be granted this privilege" does not answer the why question. Why should this people be granted this privilege? Apart from being inadequate, this idea is also faulty because it confuses a "privilege" with a "right". A privilege is by its very nature only granted to some. It is a privilege for someone from outside of Australia to be granted entrance to Australia. It is a privilege for any immigrant to be granted Australian citizenship - not a right.

The premise, "Not giving everyone the same privilege is discrimination" is a faulty premise for two immediate reasons. Firstly, a privilege is only a privilege if it discriminates. It is a privilege to be awarded a Knighthood from the Queen - but it necessarily results in most people not being granted a Knighthood. Secondly, the term discrimination is misapplied in this instance. Discrimination may be reasonable and fair. When it is, it is generally referred to as differentiating, or, distinguishing. Discrimination is only unreasonable and unfair when it can be demonstrated that a Natural or deserved right has been violated. This might be the case when one suitably qualified employee among several is not considered for a promotion because of their colour of their skin.

The Conclusion, does not follow on from either the idea or the premise. Many policy agendas have an unreasoned idea, a faulty premise, and a conclusion that is without logical support.
Example-
IDEA: Not giving coloured people or women the vote was wrong.
PREMISE: Not allowing Same-Sex Marriage for homosexuals is like not giving coloured people or women the vote.
CONCLUSION: Coloured people and women now have the vote, therefore same-sex couples should be allowed to marry.
This syllogism is quite illogical because it confuses something that is intrinsic to something, with something that is not intrinsic with something. Voting is intrinsic to democracy.


4. Distinguish the who from the what.
Some ideas are rejected not because of the idea, but because of who proposed the idea. Rejection of a person's idea is often done in the form of ridicule. Name-calling and labelling are tell-tale signs that there has been a failure to distinguish between what an argument is, and who is making the argument. Rather than dismissing an argument as "the rantings of an extreme right-wing / left-wing fool", the idea's logical validity should itself be what's considered. Rejecting an idea because of its genesis rather than its merits is referred to as the Genetic Fallacy.


5. Discern fact from opinion.
A fact is verifiable and usually demonstrable. A "fact" is the appropriate response to the question- How do you know this? When a person's response does not adequately answer this question it may be that they have stated their opinion about a matter rather than given a fact to substantiate their idea.
Example-
"Our society is ready for this social change."
"One day we will colonise Mars."
"I believe people are born homosexual."
"If two people really love each other their relationship is equal to any other."
"The unborn are not fully human."
"You cannot impose your views on another."
The above statements could all be factual if they have a supporting set of facts to undergird them. Facts must be verifiable, non-contradictory, and demonstrable.


6. Avoid identifying motive.
Some people reject an idea because they feel that the motive behind the idea is disagreeable. The problem here is that it is next to impossible to fully know another person's motive for their idea. To assume knowledge of another person's motive is often considered arrogant and reveals a shallow ability to respond to the idea itself.

Examples-
"You think this because…"
"I know why you want this…"
"You are hateful…"
"You promote this idea because…"
But these six filters are not the exclusive responsibility of legislators. Whenever we hear a politician or an activist promoting an idea, we should filter our response to this idea at least through these six filters. By doing this we may more readily recognise an illogical idea and treat it appropriately. For example, when a politician says, "This is the right thing to do", he rarely demonstrates why it is the right thing to do - other than with a cliché that satisfies those not acquainted with thinking more deeply. This contrasts with, "This is the right thing to do because we can demonstrate that it will save lives" was the reasoning behind the legislation to make seat-belts in cars compulsory, and this simple reasoning was validated and the legislation passed. "They did not vote for this legislation because these politicians are out-of-touch with the rest of society" is not a logical idea. It violates the principle of Avoid Identifying Motive. "Because of a small group of white, middle-aged men, this legislation did not get up!" is not a logical idea because it commits the Genetic Fallacy of confusing the who with the what.



THE THREE CATEGORIES OF PUBLIC POLICY CONSIDERED FOR LEGISLATION

If a public policy idea passes through these six filters of reasonableness, it then must be determined into of these three general categories it falls.

1. Promotion
That which can be demonstrated is in the public benefit should be promoted and invoke certain privileges. For example, it can be easily demonstrated that children always fair best when raised by their married biological parents in a low-conflict loving home. There is great benefit to a society in having well-reared children. Therefore, biological married parents should be granted certain privileges in legislation to promote this.

2. Permission
Some legislation will permit some things which although not in a society's beneficial welfare would be too cumbersome to either regulate or prevent. Various levels of legislative deterrents may be used instead, such as Taxation laws. For example, smoking. It is clearly not in the public benefit. Prohibiting it now would be extremely costly and impractical to enforce. Thus, most Australian States have legislated for smoking to be permitted but highly regulated.
Some relationships are not morally acceptable but do not warrant legislative prohibition - but neither should they be privileged.

3. Prohibition
It is necessary for legislators to enact some laws which prohibit certain activities. This is necessary even when enforcement of these laws is (at times) impractical. For example, murder. Murder is clearly not in the public benefit. Laws prohibiting murder serve to restrain this immoral behaviour to some extent and constrain civility within a society. Yet, laws prohibiting murder do not prevent some immoral people from still committing murder. But murder is so heinous that despite the difficulties with enforcing the laws against it, it is still enforced. There are some relationships that are so immoral that the State legislates to prohibit them because the welfare of those involved is harmed. One example of this would be a paedophiliac relationship where young children were being sexually abused. The State has legislated to intervene in such instances and remove the child involved and charge the perpetrator with criminal charges.

After legislators have evaluated the reasonableness of a policy idea for its logical rigour and found it worthing of enacting, they must determine it should be promote, permit, or prohibit certain behaviour.

Dr. Andrew Corbett
28th September 2012
www.findingtruthmatters.org


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