It Should Be an Ethical Violation to Write Questions this Poorly

September 29, 2007

So my school is hooked up with the “Computer-Assisted Legal Instruction” and I am on the website doing some practice questions for professional responsibility. But it’s ridiculous. I am continually infuriated with how badly professional responsibility questions and answers are written, in almost every different publication where I find them. Take this one, from the website where I am doing questions now:

Lawyer enters a fee agreement with client. Despite repeated requests, Client makes no effort to pay the fee, but does nothing else wrong. Do the Model Rules permit Lawyer to discontinue the representation on grounds that Client has not honored the fee agreement?

The choices are “Yes,” “No,” and “More Information Needed.”

I chose “Yes,” because it’s the right flippin’ answer.

But what’s the “right” answer, according to the website? “More Information Needed”:

RPC 1.16(b)(5) permits withdrawal when “the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services AND HAS BEEN GIVEN REASONABLE WARNING THAT THE LAWYER WILL WITHDRAW UNLESS THE OBLIGATION IS FULFILLED.”

The all-caps part is directly from the website. And “More Information Needed” is still the wrong answer. WRONG.

Look at the question. It asks whether the rules permit a lawyer to discontinue representation on grounds that the client has not honored the fee agreement. See that? Grounds. That would be the reason why withdrawal is justified. Now look at the part that’s in all capital letters in the quotation from the rule above, which was given as justification for the “More Information Needed” answer. That’s not about the grounds for withdrawal; it’s about the procedural safeguards for clients once the lawyer has adequate grounds to withdraw.

May a lawyer withdraw if the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services, such as failing to pay fees? Yes! But when the lawyer makes that decision, he or she must give a reasonable warning to the client and a chance to fulfill the breached obligation. The requirement of a warning does not affect the basic gist of the rule, which is that a client who fails to pay fees does give his or her lawyer adequate grounds to withdraw. However, that failure, coupled with the lawyer’s desire or intent to withdraw, raises a duty on the part of the lawyer to give a warning and a chance to redeem. It’s a different freakin’ thing than “grounds.”

This is why the professional responsibility stuff drives me crazy. The lawyers who end up working on professional responsibility stuff, like drafting the rules and making up these questions, have got to be the short-bus lawyers, the ones who can’t figure out fun stuff like constitutional law or economic theories for breach of contract, so they’re stuck doing shoddy work and driving me nuts.


Get On With It

September 26, 2007

Law school is getting old. The Socratic method is getting old. Briefing cases is getting old. No matter how I prepare for class, it won’t be enough, or correct. If I know what I think are the relevant facts, the professor will ask for another one I didn’t think was important. The only way to satisfy these people would be to prepare to discuss every case with the same thoroughness I would use to prepare for, say, appellate argument. But that’s just not possible. So what’s the point? Why bother?

I understand how the law works now. I can “think like a lawyer.” There’s just that little matter of the bar exam. Sure there are still portions of the substantive law that I need to learn, but why are we still playing the Socratic game?

If any of my professors heard this, they would probably say, like Yoda, “Not ready are you! Complete your training you must!” (No, they don’t really talk like that.) But, you know, I think I’d rather rush to confront “Vader” (i.e., the California bar exam).

Anyway, I’m done complaining for a bit. In other news, I am typing and posting this from my new iPhone. The touch sensitive display keyboard is much easier than I expected it to be.


Get It Off! Get It Off!

September 23, 2007

Do you ever get tired of those annoying parents who treat their children like fragile little morons that deserve to be exempt from pain? They never let their kids do anything without pads or helmets or safety goggles; they never entrust their kids with any confidence in their ability to think and learn from experience. The ones that combine their sickly overblown sense of concern with a bizarre need to hover over every aspect of their child’s life have been called “helicopter parents.”

These people bother me. One of them is a co-worker, who often talks about how she protects and monitors and regulates the conduct of her children as though it were completely normal and anyone who disagrees with her (e.g., me) “clearly doesn’t have children.” Then she turns around and complains about how her son isn’t responsible enough to keep track of his wallet. Yeah, because he knows you’re looking after everything he does. Why should he bother being responsible?

Somebody had better pull me aside and give me a talking-to if I turn into one of these annoying people when I have kids.

At any rate, if you’re fed-up with these wacked out parents, check a recent article in the Washington Post called “Buffer the Children, and Imperil Common Sense.” Here’s an excerpt:

A child is now the equivalent of a minor royal who should be coddled, revered and praised at all times. To put a child in the position of possibly skinning a knee is unacceptable. To risk bruising a child’s delicate ego is an abomination. To make a child cry — and capture it on tape — could signal the end of civilized society.

. . .

Children are assumed to be so fragile that they cannot be jostled. They must be consulted on the family’s dinner entree. It takes a TV nanny — a “Supernanny” — to remind parents that it’s ridiculous to negotiate with a toddler.

If you happen to be a helicopter parent, read this. Maybe if you let your kids fail, get hurt, and see “inappropriate” materials, you’ll find them more likely to achieve ultimate success, be less whiny, and have more discriminating tastes.


Judge Egged to Humorous Order

September 23, 2007

What do you get when you mix a federal judge, Dr. Seuss, an incarcerated Orthodox Jew, and a boiled egg?

Amusing doggerel, that’s what.

See more coverage here.


How Not to Engage in Rational Political Discourse

September 19, 2007

Wanna see a jackass fool? Check it out.

So here’s how to avoid being treated like an asshole idiot:

Step 1: Don’t be an asshole idiot.

Step 2: If you’re at a forum and there is a microphone available for asking questions, then ask questions without turning it into a platform for your own agenda.

Step 2.5: If you’re going to have an agenda, make sure it’s something well-reasoned, instead of what appears to be either (a) a plug for a book, or (b) an uncritical appeal to authority.

Step 3: If you are still a conceited idiot and don’t understand how to ask questions without preempting the forum with your own, poorly-reasoned agenda, then when you’re asked to stop being a conceited idiot, stop being a conceited idiot, step away from the microphone, and let your fellow citizens continue with rational discourse.

Step 4: If police or other law enforcement officers are escorting you somewhere, don’t resist. They have the authority to arrest you if you decide to give them probable cause. Resisting them by, say, physically shoving them or yelling at them, is likely to give them probable cause.

Step 5: If you are still stupid enough that you don’t know how to choose your battles and would rather yell and scream and resist the entreaties of police or other law enforcement officers, so that what could have been a simple matter of maintaining order turns into a major media event, then don’t say things like, “I didn’t do anything!” because once you’re resisting the police by shoving them away from you and yelling at them for no apparent reason, except for the fact that you’re so conceited and ignorant that you think you should be able to disrupt a question and answer session with your own personal, poorly-reasoned polemical agenda, you have done something.

I am as big a fan of free speech as anyone. I am not a fan of those who think free speech has absolutely no limits, that being loud, obnoxious, poorly-reasoned, and prone to rioting is just as valid as being focused, effective, well-reasoned, and organized. What did this idiot think he was going to accomplish? Was he going to make John Kerry go out and start a revolution? Not likely. Does he think impeaching President Bush would really make a difference? Does he understand that our government is beset with systemic problems, rather than just corrupt individuals in a scandalized administration? If he is so willing to rant and rave in a disorderly fashion, why is he advocating a procedural mechanism like impeachment of the President, instead of the violent overthrow of the government? Wouldn’t that make more sense, given his apparent proclivities? Does he really think that one book he happened to read has all the answers? Is he that narrow-minded? Is he a conspiracy theorist or something? Does he believe in simple solutions, like being an obnoxious idiot, or does he believe in complex solutions, like invoking the rarely-used procedure of impeachment?

It’s not that I really disagree with his basic positions. The last two presidential elections smell funny to me, too. There may be grounds for impeachment of the President; if there are, then articles of impeachment should be brought against him. If there are in fact certain classes of people who are systemically disenfranchised (and that’s an incredibly complicated issue), then that should be remedied. Showing up at a John Kerry speech and acting like a dumbass is not going to help with any of these things.

At any rate, if you didn’t manage to read any of the above, then here’s the simple take-home message: Don’t shove cops away from you, tell them to “get off me,” and then claim you “didn’t do anything.”


“And for my next trick…”

September 17, 2007

What do you do when God refuses to answer prayers?

You sue him in federal court, seeking a permanent injunction against him.

Then, what do you do when God retains you as counsel? Maybe you make a special appearance and contest personal jurisdiction on the grounds that your client does not exist. Yeah, that’s the ticket.

The plaintiff might have trouble getting a copy of the summons and complaint served on God. I guess he could say that God is omnipotent and therefore had foreknowledge of the lawsuit, so there is no failure of due process. How do you fill out that proof of service?


Engineer vs. Conspiracy Theorists

September 11, 2007

What? An engineer’s rational investigation contradicts an outrageous conspiracy theory about the collapse of the World Trade Center towers six years ago? No!

One of many conspiracy theories proposes that the buildings came down in a manner consistent with a “controlled demolition”.

. . .

[Dr. Keith Steffen's] calculations showed this was a “very ordinary thing to happen” and that no other intervention, such as explosive charges laid inside the building, was needed to explain the behaviour of the buildings.

Occam’s razor strikes again!


The Eyes Have It

September 10, 2007

There’s nothing like a little scientific knowledge about how we function to make me want to learn more. Researchers have figured out that while we are reading, “both eyes lock on to the same letter 53% of the time; for 39% of the time they see different letters with uncrossed eyes; and for 8% of the time the eyes are crossing to focus on different letters.” Follow the link above for nifty diagrams.


The Government Still Can Be Evil Without Corporations, You Know

September 9, 2007

The Guardian has an interesting article by Naomi Klein titled “The Age of Disaster Capitalism” and based on her new, similarly-titled book. She seems to have an important point, though I’m not sure what it is, and I am usually suspicious of people who deploy phrases like “free-market ideologues and the corporations whose interests they serve,” in which all sorts of unstated, and therefore unquestionable and potentially uninformed, assumptions lie.

On the one hand, she seems to be worried that the “war on terror” is too profitable (which, frankly, doesn’t bother me in the least; I have seen no reason to believe that profitability is intrinsically evil):

Every aspect of the way the Bush administration has defined the parameters of the war on terror has served to maximise its profitability and sustainability as a market—from the definition of the enemy to the rules of engagement to the ever-expanding scale of the battle.

But on the other hand, maybe she is more concerned about the concentration of unchecked authority in the executive branch:

If “enemy combatants” are not US citizens, they will probably never even know what it was that convicted them, because the Bush administration has stripped them of habeas corpus, the right to see the evidence in court, as well as the right to a fair trial and a vigorous defence.

From what I know of the current law, that is a legitimate problem, but it’s probably even more serious and sinister than she portrays it here, because there is no good reason to believe that even U.S. citizens could be declared “enemy combatants.” Why does she seem to be more worried about the profitability of the “war on terror” for private firms who contract with the federal government than she does about the legal authority that the executive branch has (in a sense, “unlawfully”) seized?

She does mention that Boeing, a private company, has been “acting as the CIA’s travel agent” for the rendition of terror suspects around the world, but whether that is profitable to Boeing is almost unrelated to the seriousness of the CIA believing it should be able to render terror suspects to foreign lands where torture is allowed—and carried out, yes, again, by private contractors. On the other hand, when she writes that “contractors have a powerful economic incentive to use whatever techniques are necessary to produce the sought-after information, regardless of its reliability,” there she has a bona fide link between unchecked and “unlawful” seizures of power by the executive branch and private profitability.

I still have to wonder, though, whether it really matters. The Bush administration was able to “produce the sought-after information” when it needed grounds to invade Iraq, and it got that “information” by pressuring the CIA itself. It is extremely difficult to find anybody who does not have a financial motive, profit or subsistence, that cannot be exploited to produce the sought-after results. Even Ms. Klein presumably has to keep publishing books and articles for pay if she wants to eat, and she’ll have to do that by producing the information sought by her publishers, who, presumably, are familiar with the old newsman’s aphorism, “If it bleeds, it leads.”

Meanwhile, Klein seems to be worried that the federal government has given too many of its functions over to the private sector:

[T]he Bush team created a whole new framework for its actions—the war on terror—built to be private from the start. This feat required two stages. First, the White House used the omnipresent sense of peril in the aftermath of 9/11 to dramatically increase the policing, surveillance, detention and war-waging powers of the executive branch—a power-grab that the military historian Andrew Bacevich has termed “a rolling coup”. Then those newly enhanced and richly funded functions of security, invasion, occupation and reconstruction were immediately outsourced, handed over to the private sector to perform at a profit.

Again, she’s looking at two different things: (1) federal seizure of unprecedented power and (2) privatization of the execution of that power. Privatization might be “evil” because it funnels tax dollars to private firms, thus requiring taxpayers to support industries they might not otherwise support, but that has essentially nothing to do with the rightfully terrifying seizure of power by the federal government; it goes only to the means by which the government carries out its agenda.

To draw an analogy, purchasing a firearm to murder another person may infuse money into the economy, but the “evil” act of committing the murder is essentially no different than if the perpetrator had picked up a fallen tree branch and used it to beat the victim to death. Whether the murderer use modern industrial means provided by corporations or ancient means provided by nature, he or she is still a murderer, and that is the crime—not the choice of weapon. (Firearm “enhancements” are just an additional flourish to manifest the desire of “special interest groups”—who, you know, hired the most effective lobbying and public relations firms—against the use of firearms to commit crimes by private citizens; the underlying crime still has to be there. A society might fall to pieces without a prohibition of murder, but it would probably survive without firearm enhancements.)

Like I said, Klein probably has a good point, or maybe two, but her thinking seems muddy to me. Like most people, she’s worried about the effects of the “war on terror” on individual rights and freedom—and rightly so. But she also has this weird and mostly unconnected loathing of corporations and profits which, to be honest, seems downright hypocritical to me, considering how likely it is that almost everything she does is dependent on the output of private corporations. Who publishes her books and articles? Who maintains the infrastructure of the internet? Who makes the computer she uses? These are all things that are done by private corporations because private corporations are the only things that can get them done and out the door at an affordable price.

Certainly, the corporate form is easily and often abused to reap excessive profits and other ill-gotten gains, but, society-wide, the abuses at the top don’t seem to have a huge effect on the ever-growing parade of useful and affordable products and services. We’ve never had more stuff and our stuff is not brought to us by unincorporated artisans because most of us can’t afford stuff that’s produced by unincorporated artisans.

Whether any of those issues relate to the executive branch believing it should have the lawful authority to declare any person an “unlawful enemy combatant” and render him or her to some foreign land for torture and interrogation, well, I’m skeptical. If the federal government wanted to do that itself, it would find a way. I’m sure anti-privatization Democrats would manage to mangle our freedoms without raising the ire of Klein because they would just create some weird species of quasi-government-employee to do their bidding, instead of hiring an outright private contractor.

If you want to be concerned and you want to speak out, then look to what the federal government is doing, because it really is fearsome, no matter how they get it done.


The McGrath Illusion, Part 2

September 2, 2007

[Note: This is the second in a series of posts evaluating Alister McGrath's book The Dawkins Delusion? Atheist Fundamentalism and the Denial of the Divine. The first part is available here.]

McGrath’s book has been sitting on my desk for a couple weeks, since the last time I wrote about it, waiting for me to find time to continue my review. The other day, when I happened to glance down at it while getting ready for work, the last five words in the subtitle suddenly struck me as a little odd: “the Denial of the Divine.” How do you deny something that has never been proved anyway? That’s like saying, “I deny that my mother doesn’t exist!” Nobody has ever seriously claimed that another person exists without the benefit of a mother who birthed him or her and I doubt anyone has bothered to “prove” that everyone has a mother. Not even the alleged virgin birth of Jesus could do without a mother (which perhaps indicates a failure of imagination on the part of the original myth-makers).

But I think McGrath wants “the denial of the divine” to mean something more like saying, “I deny that my mother exists!” Nobody seriously questions the existence of a mother for each and every individual who lives now or has ever lived. If you question that, you must be insane. McGrath, I think, is trying to gain the upper hand rhetorically, though perhaps unconsciously, by presenting belief in the divine as something like belief in mothers: it is obvious to everyone, so deniers are the odd ones.

As I have thought it through, that’s the only way I can imagine that “the denial of the divine”—or the denial of anything, really—could ever be scandalous. No one really minds if you deny that a particular political party has a viable agenda for improving the nation or the world, or that chocolate is the best flavor of ice cream, because those things are opinions. There is no objective fact to be observed that one political party is Truly Correct in its views, or that one flavor of ice cream is Truly Best, so denying assertions about those things is ordinary and not at all remarkable (unless you are appearing on a political talk show).

The way to make the denial of something scandalous is to first establish that there is an objective fact that makes deniers look like fools. But there are no objective facts that make the divine obvious to everyone, so it is difficult to say that deniers of the divine are fools. Rather, denial of the divine—or, more accurately, failure to recognize the divine—has traditionally been made scandalous by believers who, by force of collective will, are able to make disbelievers of the divine feel like they really are not seeing something that actually exists. It is not at all difficult to find groups of people who believe in the divine so strongly that they speak of it the same way they speak of physical objects with which they interact daily.

Just two nights ago, while sitting in Starbucks, I encountered a group of young men whose entire conversation was predicated on the assertion that “Jesus is right here with us.” It is difficult to face that sort of thing, where a group of people have declared their collective sense of reality, and not feel some pull toward their assertions. That pull has nothing to do with observable extrinsic facts relating to their assertions and likely has everything to do with the natural inclination of people to want acceptance. Those people could point to no evidence that Jesus was actually present in the Starbucks, but their group cohesion under the statement made it difficult to maintain a rational grip on the situation and remember that they could point to no evidence of Jesus’ actual presence.

Objective reality cannot be created by mental consensus manifested in verbal affirmations, so consensus via such affirmations cannot be evidence of the existence or nonexistence of some element of objective reality. One is tempted here to compare belief in the divine with the story of “The Emperor’s New Clothes.”

At any rate, I find nothing particularly scandalous about “the denial of the divine,” so I am annoyed that the phrase is so prominent in the subtitle of the book. Maybe I will give him the benefit of a doubt and assume that the publisher, and not the author, made that decision. Regardless, the phrase is there and most readers will attribute it to McGrath, even if incorrectly, and most religious readers will probably agree with it without having thought about it in the way I have just described, so I think it was useful to address it.

At the beginning of chapter 2, McGrath writes: “Underlying the agenda of The God Delusion is a pervasive belief that science has disproved God.” (McGrath 33.)

First, that’s directly contradicted by Dawkins in the second chapter of his book, “The God Hypothesis.” First he writes:

I am not attacking the particular qualities of Yahweh, or Jesus, or Allah, or any other specific god such as Baal, Zeus or Wotan. Instead I shall define the God Hypothesis more defensibly: there exists a superhuman, supernatural intelligence who deliberately designed and created the universe and everything in it, including us. This book will advocate an alternative view: any creative intelligence, of sufficient complexity to design anything, comes into existence only as the end product of an extended process of gradual evolution. Creative intelligences, being evolved, necessarily arrive late in the universe, and therefore cannot be responsible for designing it. God, in the sense defined, is a delusion; and, as later chapters will show, a pernicious delusion. (Dawkins 31)

Dawkins does not claim “that science has disproved God.” Instead, he “advocate[s] an alternative view,” which is based not on the fundamentally irrational inquiry of a divine-believer perspective, but on the rational inquiry of a scientific method.

The divine-believer inquiry is irrational because does not stand or fall on an evaluation of evidence and one cannot exercise rational evaluation in the absence of something to evaluate. Despite what people like Lee Strobel and before him Josh McDowell have claimed, that examination of the “evidence” leads inexorably to the conclusion that their claims about the divine are true, people have found no phenomena that are not susceptible to non-divine hypotheses. In other words, there exists no real evidence anywhere that can only be explained in terms of the divine. So long as the evidence remains susceptible of non-divine methods, like the scientific one, there is no reason to adopt “divine” methods, such as contemplating things with one’s eyes closed, or while sitting at one’s desk, or hiding in a cave somewhere, or sitting by the fire, like Descartes.

Anybody can compile a data set, without checking the accuracy of each datum, and then process that set through some perfectly logical method. But so long as the accuracy of the data remains unexamined, there has hardly been a rational evaluation of evidence.

Thus, Dawkins adopts the non-divine method of science, which, despite the claims of some (who periodically haunt this blog) that the scientific method requires a religious belief in observability and causation, is as rigorously rational as anything humans have ever managed to do.

(Try suspending your “belief” in your ability to observe things and your “belief” that some things cause other things to happen. Really, try. Then try explaining all your actions. For instance, why do you eat? Good luck. Never mind, though, because, according to my specters of sophistry, that little experiment is hopelessly mired in religious discourse by the fact that you cannot derive any conclusions from it, as they would require your religious belief in your ability to observe results and derive explanations, which are inherently causal.)

Dawkins explains why he is merely advocating an alternative view. First, he distinguishes between two kinds of agnosticism: “Temporary Agnosticism in Practice,” or “TAP,” and “Permanent Agnosticism in Principle,” or “PAP”:

TAP, or Temporary Agnosticism in Practice, is the legitimate fence-sitting where there really is a definite answer, one way or the other, but we so far lack the evidence to reach it (or don’t understand the evidence, or haven’t had time to read the evidence, etc.). TAP would be a reasonable stance toward the Permian extinction. There is a truth out there and one day we hope to know it, though for the moment we don’t.

But there is also a deeply inescapable kind of fence-sitting, which I shall call PAP (Permanent Agnosticism in Principle). . . . The PAP style of agnosticism is appropriate for questions that can never be answered, no matter how much evidence we gather, because the very idea of evidence is not applicable. The question exists on a different plane, or in a different dimension, beyond the zones where evidence can reach. . . . And some scientists and other intellectuals are convinced—too eagerly in my view—that the question of God’s existence belongs in the forever inaccessible PAP category. . . . The view that I shall defend is very different: agnosticism about the existence of God belongs firmly in the temporary or TAP category. Either he exists or he doesn’t. It is a scientific question; one day we may know the answer, and meanwhile we can say something pretty strong about the probability. (Dawkins 47-48)

Dawkins then goes on to discuss the question of God’s existence in terms of probability, which I have a hard time finding as anything but imminently reasonable. As well, it is a far cry from McGrath’s claim that Dawkins entertains “a pervasive belief that science has disproved God.” Science has not disproved God; people have used the scientific method to evaluate claims of God’s existence and found them sufficient to raise only a small probability that God exists. (And I would guess that, like my recent experience in Starbucks, which I described above, the most persuasive evidence in favor of God’s existence is the fact that people keep claiming that God exists. Unfortunately, that evidence only demonstrates that people believe in God’s existence; direct evidence for God remains undiscovered. Thus, the evaluation of those who utilize the scientific method is that the probability for God’s existence is vanishingly small.)

That is probably why chapter 4 of Dawkins’ book is called “Why There Almost Certainly Is No God” instead of “Why There Is No God.” That McGrath fails to notice such obvious features of Dawkins’ book is puzzling. Did he simply not read it, or is he deliberately misrepresenting it with the hope that most of his readers will be believers who are not interested in reading The God Delusion?

However, pressing on, McGrath next claims that “there are limits to science” and “some ultimate questions lie beyond science.” (McGrath 34, internal quotation marks omitted.)

The fundamental issue confronting the sciences is how to make sense of a highly complex, multifaceted, multilayered reality. This fundamental question in human knowledge has been much discussed by philosophers of science, and often ignored by those who, for their own reasons, want to portray science as the only viable route to genuine knowledge. Above all, it pulls the rug out from under those who want to talk simplistically about scientific “proof” or “disproof” of such things as the meaning of life or the existence of God. The natural sciences depend on inductive inference, which is a matter of weighing evidence and judging probability, not of proof. (McGrath 34-35)

Hey! It sounds like he’s criticizing me (or people like me). Nifty. (Notice, as well, that he is still harping on probability versus proof, even though Dawkins specifically addressed that issue in favor of probability—in apparent agreement with McGrath. However, this fits with his misrepresentation of Dawkins at the beginning of the chapter as one who believes science is a matter of proof, rather than probability. If he had not presented Dawkins as someone enamored of a nonexistent proof, then he could not write this paragraph that purports to “pull the rug out” from under him, and he probably couldn’t call him an “atheist fundamentalist,” either.)

So how does McGrath demonstrate that there are other viable routes to genuine knowledge? First he claims that “[e]very intellectual tool that we possess needs to be calibrated—in other words, to be examined to identify the conditions under which it is reliable.” (McGrath 36) The first time I read that sentence, I honestly had no idea what McGrath was trying to say. I hoped that he would explain himself in the following pages. He did not.

The first thing McGrath did in the way of explanation was to present a passage from Dawkins’ The Selfish Gene and then another version of the same passage as re-written by “the celebrated Oxford physiologist and systems biologist” Denis Noble. (I included McGrath’s introduction of Noble because I am not sure why he had to use the word “celebrated.” Does it matter?) Then McGrath claimed that, even though the two versions were “empirically equivalent,” each “hav[ing] equally good grounding in observation and experimental evidence,” they nevertheless demonstrate “quite different value judgments and metaphysical statements.” (McGrath 37)

Um, okay. So do “value judgments” and “metaphysical statements” amount to “genuine knowledge”? Maybe I should share the two versions of the paragraph. First, Dawkins’ version:

[Genes] swarm in huge colonies, safe inside gigantic lumbering robots, sealed off from the outside world, communicating with it by tortuous indirect routes, manipulating it by remote control. They are in you and me; they created us, body and mind; and their preservation is the ultimate rationale for our existence.

And Noble’s version:

[Genes] are trapped in huge colonies, locked inside highly intelligent beings, moulded by the outside world, communicating with it by complex processes, through which, blindly, as if by magic, function emerges. They are in you and me; we are the system that allows their code to be read; and their preservation is totally dependent on the joy that we experience in reproducing ourselves. We are the ultimate rationale for their existence.

So are genes trapped or do they swarm in huge colonies?

Are they safe inside or locked inside?

Are they in robots or highly intelligent beings?

Do they communicate with the outside world by tortuous indirect routes or by complex processes?

Do they manipulate by remote control or does function emerge blindly as if by magic?

Did they create us body and mind or are we the system that allows their code to be read?

Is their preservation merely the ultimate rationale for our existence, or does it matter that their preservation is also totally dependent on the joy that we experience in reproducing ourselves?

The real issue here is whether the answer to any of those questions results in “genuine knowledge.” If it does, then McGrath may have a point: two “empirically equivalent” statements with different rhetorical styles, which demonstrate different “value judgments” and “metaphysical statements,” might yield distinct “genuine knowledge.” But I don’t think there are any differences between those two paragraphs that would give us any “genuine knowledge” about anything other than the authors who wrote them. Is that what McGrath was talking about? I doubt it.

Furthermore, McGrath never bothers to explain how “value judgments” and “metaphysical statements” can ever be “genuine knowledge,” even though it is the assertion upon which his entire point rests. If Dawkins and Noble can say essentially the same thing, which McGrath admits, but their rhetorical decisions nevertheless reveal different “value judgments” and “metaphysical statements,” the only “genuine knowledge” that I see emerging from the difference is genuine knowledge about the writing styles of the two men, at least, and their personal values, at best.

Except maybe McGrath didn’t notice this, but his method of demonstrating that there are other routes to genuine knowledge besides science, “which is a matter of weighing evidence and judging probability, not of proof,” involved presenting evidence and inviting evaluation. He does not even make a statement of proof. Like I said, the two versions of the same paragraph allow a judgment of probability regarding, perhaps, the personal values of their authors—which we could test by gathering more data! Gosh, that sure sounds like scientific method to me.

And speaking of deriving the author’s personal values from his text, it seems that McGrath is saying nothing more than this: So long as there is enough linguistic variety that people can convey the same objective information in different ways, there will be viable routes to genuine knowledge other than science.

Or, to say it another way, linguistic variation provides knowledge that is inaccessible to science.

Which, I have to say, is just silly because, like I already pointed out, we can only note the linguistic variation by observing it and then we can test any hypotheses about what it might mean by collecting more data, which might include polling the authors themselves. In other words, linguistic variation provides knowledge only when examined according to the scientific method.

But McGrath seems to think that the two different versions of the paragraph are somehow providing knowledge about their subject—genes and their relation to animals—because the sentence that closes his brief and insubstantial discussion is: “As Noble observes—and Dawkins concurs—’no-one seems to be able to think of an experiment that would detect an empirical difference between them.’” (McGrath 37) Yes, no one can detect an empirical difference between them because they really are “empirically equivalent” and because any experiment that tests their differences would not go to knowledge about the content, but knowledge about the authors—Dawkins and Noble.

So McGrath has failed to explain his first statement about evaluating the reliability of intellectual tools, whatever that means, has failed to explain how value judgments and metaphysical statements are genuine knowledge, and has either failed to understand the scientific method or obstinately refused to use it correctly. Does this indicate that “the denial of the divine” is unwarranted? Or does it demonstrate what I pointed out at the beginning of this post, which is that the divine is not obvious enough to make its denial at all remarkable? In my opinion, the only thing that is obvious here is McGrath’s failure to show that there is any “genuine knowledge” that cannot be discovered by scientific method. He has not presented any evidence that can only be explained in terms of the divine.

I remain unimpressed and I hope that McGrath’s readers are either careful enough to discover these deficiencies on their own or curious enough to discover my blog.