Right Reason

The blog of Dr Glenn Andrew Peoples on Theology, Philosophy, and Social Issues

The anti-smacking law: Only a law change is morally acceptable

FacebooktwitterredditpinterestlinkedinmailFacebooktwitterredditpinterestlinkedinmail

In a recent referendum, respondents overwhelming indicated that they want the law changed so that once again, parents who use a light smack as part of correcting their children have no committed a criminal act. NZ Prime Minister John Key is saying that he takes the referendum outcome seriously, and that he wants to reassure parents that they will not be investigated or prosecuted just for smacking a child. See the story here.

Police and Child Youth and Family officials will be warned to not prosecute parents for lightly smacking their children.

Prime Minister John Key told the Sunday Star-Times in Sydney yesterday he was planning to introduce “increased safeguards” to prevent parents who gave their children “minor” or “inconsequential” smacks from being either investigated or prosecuted.

The PM claims that he actually supports the view of those who voted no.

Mr Key also told TVNZ’s Q&A programme this morning that he agreed with the result. “I agree and support their view there, I think it would be totally inappropriate for a New Zealand parent to be prosecuted for lightly smacking a child.

Here’s the problem: The view of those who completed the referendum is that a smack as part of good parental correction should not be a criminal offence. Unless the law is changed, it will continue to be a criminal offence. To say that it will remain a criminal offence, but police will be advised not to prosecute these criminals, is not to share that view at all.

Criminals should be prosecuted. If a reasonable smack (not a punch, a whipping, a “good hiding,” etc) as part of normal correction should never be prosecuted, then it should not be a crime in law, which it currently is.

Stop being half hearted, Mr Key. If you share the view of the public that a smack should not be a crime, as you claim to, then seek a law change so that a smack is not a crime. It’s not complicated.

Glenn Peoples

But the associations will perish if we don't force people to join!

FacebooktwitterredditpinterestlinkedinmailFacebooktwitterredditpinterestlinkedinmail

As I announced recently, there has been a Bill introduced to be debated in parliament, a Bill that, if passed, would restore the right of freedom of association to students in New Zealand. This is a positive step in upholding fundamental human rights and freedoms.

It didn’t take long for the old, tired, thoroughly discredited arguments for compulsory unionism to start coming out of the woodwork. This particular fellow did not want to debate the issue with me, so I won’t name him, but here was the argument he used: If we want unions to become voluntary, then what we want will “destroy” the unions, and since unions have done so much for us historically, that would be terrible.

One caveat should be added here: Student associations actually don’t do what unions do. They can claim to “represent” people all they want, but they have no record of achievements akin to professional unions (things like entitlements to sick days, a limited number of hours per day, weekends, etc). So even if I bought this argument for unions in general, I still wouldn’t have any reason to think that it justified compulsory student associatioans.

But secondly, and this is the main thing: Unions are voluntary here in New Zealand! Unions are everywhere, and their existence is under no obvious threat whatsoever. Nobody is forced to join them, they simply join them because the union has persuded them that it’s in their insterest to join. True, if a union offered nothing of value, then people would not choose to join it – and rightly so! There is nothing wrong with a union that offers nothing going out of existence, surely. But keeping unions voluntary is no threat to the existence of good unions whatsoever.

[As a matter of interest, making student associations voluntary is no threat to their existence either. When the Waikato University students union (WSU) was voluntary for a brief period in the mid-late 1990s, it still managed to maintain a membership of around three thousand.]

Glenn Peoples

Sue Bradford calls supporters of her law stupid

FacebooktwitterredditpinterestlinkedinmailFacebooktwitterredditpinterestlinkedinmail

Sue Bradford, the MP who first proposed the anti-smacking law in New Zealand, is not surprised that the majority of those who voted in the recent referendum do not share her views. However, she maintains, some of those who voted “No” were actually people who do support her, but accidentally ticked the wrong box. She “believed some people were so confused by the question they accidentally voted the wrong way.”

Should a smack as part of good parental correction be a criminal offence in New Zealand?

I understand that some people – unaware of the basic legal reasons for the wording of the question – personally felt that the question was somewhat biased, but so confused that they didn’t even know if a “yes” or a “no” constituted agreement with the current law? Does Sue Bradford really think that her supporters are thick?

Glenn Peoples

New Zealand does not want a smack to be a crime

FacebooktwitterredditpinterestlinkedinmailFacebooktwitterredditpinterestlinkedinmail

Well, the result of the referendum is in. Nobody ever doubted that it would be a landslide, but as a formality, let’s note that 87.6% of those who wanted their voice heard in this referendum voted no. Parents who smack their children as part of correction should not ipso facto be deemed criminals, as they currently are in law.

We were, as a nation, simply not impressed by the defence that it’s just more expedient to make us all criminals, and then leave it up tot he police to decide which criminals to prosecute, knowing in advance that they will have no pesky defence.

The trouble is, it’s just not clear what, if anything, the government will now do in response to this very clear message.

Have a look at what VOTE NO have to say about this predictable but happy outcome.

Glenn Peoples

Freedom of association to be debated in New Zealand

FacebooktwitterredditpinterestlinkedinmailFacebooktwitterredditpinterestlinkedinmail

According to the New Zealand Bill of Rights Act 1990, “Everyone has the right to freedom of association” (section 17). This freedom is reflected in the UN’s Universal Declaration on Human Rights, which says that “No one may be compelled to belong to an association.” However, in New Zealand the Bill of Rights Act has less clout than other statutes. This is because of section 4, which says (in effect) that where another statute law conflicts with the Bill of Rights, that Act, rather than the Bill of Rights, will prevail. However, as section 5, notes, “the rights and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”

I dislike the existence of section 4. It tells us that the government has the right to overturn first generation human rights. Section 5 is just strange, as it suggests that the abolition of such rights can be consistent with the principles of a free and democratic society. On the contrary, it cannot. All these two clauses do is permit the government to override human rights and freedoms when it sees fit, and fudge the immorality in doing so by insisting that it really is behaving democratically.

Currently the freedom of association is not upheld for all New Zealanders. The reality for most tertiary students is that student association membership is compulsory. As someone with a short history of being involved in raising public awareness on the issue, I’m excited by the fact that Roger Douglas’s Freedom of Association Bill is to be debated and perhaps passed into legislation. See the bill HERE. As explained at the link:

The purpose of this Bill is to uphold students’ right to freedom of association, by ensuring that no student is compelled to join a students association.

Section 17 of the New Zealand Bill of Rights Act 1990 guarantees the right to freedom of association. This right includes the freedom from compelled association. Parliament has an obligation to ensure New Zealand legislation is consistent with the New Zealand Bill of Rights Act and New Zealand’s obligations under the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights.

This Bill does not seek to damage or limit students associations, but guarantees the right of students to the freedom of association. It will result in students associations being truly representative of the students who voluntarily join them.

Under this Bill, all students would be able to choose whether or not to join a students association. The current Act requires councils to conduct a referendum to decide if all students should be forced to become members of an association, if petitioned by 10% of the students enrolled at the institution. If a majority of voters in a referendum support compulsory membership, then the right to freedom of association for the all remaining students is breached.

This Bill seeks to address the negative consequences stemming from the passing of the Education Amendment Act 2000 and the referenda provisions of the Education (Tertiary Students Association Voluntary Membership) Amendment Act 1997. The current legislation fails to guarantee individual students a satisfactory opportunity to withdraw from associations, and sets the bar too high for those who wish to make membership of a students association voluntary.

Currently, in order to make a student association voluntary (which is, according to the Bill of Rights Act, how it should be in the first place), you, an individual student, need to arrange a massive petition – a petition just to have a vote on the issue! Imagine if someone were to propose a similar hurdle for say, freedom of speech or freedom of religion.

I know from experience that student association executives are frequently very politcally vocal, supporting some parties and policies over others, all the while claiming to speak on behalf of “students,” since all students are members. I have no problem with a union expressing a political point of view, if that union is voluntary. But the requirement to join an orginasiation like this just to get a higher education is frankly a cold war relic (assuming of course, you’re on the other side of the iron curtain). This Bill is an important step in reclaiming basic rights and liberties in New Zealand, and I hope it gains the support it needs.

Glenn Peoples

The smacking referendum – my summary

FacebooktwitterredditpinterestlinkedinmailFacebooktwitterredditpinterestlinkedinmail

As plenty of readers will already know, New Zealanders are currently taking part in a postal referendum on the issue of whether or not a parent smacking a child under any circumstances should be a crime. I have already voted no.

In 2007 Sue Bradford of the Green Party was successful in having section 59 of the crimes act repealed and replaced with a new version. The former version provided exceptions to the law concerning assault, providing a defence. It permitted parents to use “reasonable force” in the process of correcting their children. This would include, putting a child in her room against her will, administering a smack, placing a child on the “naughty stool” when he didn’t want to go, and so on. These are all uses of force, and are acceptable provided they are done within reason (e.g. hurling a child into her room would not be allowed, and nor would punching a child’s lights out or shoving him into the stool).

This defence was necessary because of the unique relationship that parents have with children. Obviously it would be illegal for me to select a random adult and force him into a bedroom and require him to stay there. That would be assault and unlawful detention, as would making him sit on a stool against his will, and smacking him would just be common assault. So there was a natural and obvious difference between the rights and protections given to another adult and those given to a child. This is reflected in other aspects of law too (e.g. children can’t buy alcohol, vote, consent to sex, get married, drive a car etc). Those who say, for example “if you can’t do it to an adult, why should you be allowed to do it to a child?” are just not thinking seriously about the issues at all.

The new section 59 erases this defence completely. In its place here’s what it now says, as law professor Jim Evans pointed out:

Subsection (1) of the new section 59 allows a parent (or person in the place of a parent) to use force that is reasonable in the circumstances for the purpose of (a) preventing or minimising harm to the child or another person, (b) preventing the child from engaging in a criminal offence, (c) preventing the child from engaging in offensive or disruptive behaviour, or (d) performing the normal daily tasks incidental to good care and parenting.

So far so good. “But wait a minute,” you might think. “part (d) would allow a smack, provided it was part of good parenting.” Up to this point, maybe, but then check subsection (2) of the new version. It reads: “Nothing in subsection (1) justifies the use of force for the purpose of correction.” Subsection (3) adds: “Subsection (2) prevails over subsection (1).”
Subsection (2) is where the problem arises, and it is this section that now prompts people to call for a law change. So here is the issue: Force is allowed as part of “good care and parenting,” provided it’s not corrective. Now wait a minute, isn’t correction part of good care and parenting? Confused yet?

In case it wasn’t unclear enough for parents already, subsection 4 makes it even worse, allowing police discretion when this crime of assault against children is committed, enabling them to decide for themselves which criminal acts to prosecute. So a law that is already now written in doublespeak then gives police sole discretion in deciding whether or not to prosecute, in a case where the defence of reasonable force in correcting a child is no longer available.

Because of the wording of subsection 1, which refers to “good care and parenting,” and because of the wording of subsection 2 (which for many, introduces confusion), referring to “correction” as though it was excluded from good care and parenting opponents of the law change had the referendum question worded as follows, following the lead of the legislation:

“Should a smack as part of good parental correction be a criminal offence in New Zealand?”

The question was written precisely because of the terms used in the new law, asking new Zealanders, in effect, whether they agreed with the divide that the law proposed between “good care and parenting” in which reasonable force was allowed, and “correction” in which no force at all was allowed.

I think that the facts as spelled out above are relatively simple and easy to ascertain. However, the supporters of Sue Bradford’s law change, as well as supporters of voting “Yes” in the referendum (the two groups partly overlap) have set out on a campaign of misinformation and deception, along with bungled and careless reading of the law.

John Roughan is among the worst offenders. In reply to the claim that the law is unclear or possibly inconsistent, he writes that subsection (1) clearly allows smacking, so there’s no ban on smacking here at all! He further implies that anyone who is worried about subsection (2) is supporting the right to inflict “a cold-blooded assault” intended to leave a defenceless child  “in pain and fear.” He claims that there’s absolutely no tension in the law because it’s obvious that “correction” in subsection 2 refers to this type of assault, or to things like “ritual thrashings.”

Fortunately, uncritical opponents of the referendum (like those who reproduced Roughan’s material online as gospel) weren’t the only ones reading. Roughan’s legally uninformed perspective was itself given a good thrashing in the same newspaper by Professor Emeritus of law at Auckland University, Dr Jim Evans (see here). He explains just how the new section 59 is in fact unclear and a poor piece of legislation.

Others (e.g. the propaganda site “yesvote”) have claimed that the wording of the referendum question is loaded because it uses the word “good” and repetitive because it uses the word “correction.” This just represents a failure to understand the specific legal reasons why those terms were chosen. They were chosen because subsection (1) allows force as part of good parenting, and yet subsection (2) forbids force in cases of correction. The referendum question then asks parents if correction using force can indeed be part of good parenting. The only ones claiming that the question is loaded or unclear are those who are motivated to do so, namely those who themselves fully understand the question but who want people to vote “Yes.”

There’s a good list of frequently asked questions over at http://voteno.org.nz/faq.htm

But isn’t “Vote no” a propaganda group too? Sure, in the sense that they are trying to influence opinion. They do, however, draw on the legal facts of the matter, along with evidence that the new law is not making any positive difference in the abuse rates of children, and they also illustrate the negative impact of the law on good parents in New Zealand. If the facts are in poor taste, then that website’s up to no good!

So for what it’s worth, if you haven’t voted yet, vote NO.

Glenn Peoples

Nuts and Bolts 002: (numerical) Identity

FacebooktwitterredditpinterestlinkedinmailFacebooktwitterredditpinterestlinkedinmail

This is the second instalment in the “nuts and bolts” series of blog posts, where I take some of the “nuts and bolts,” the basic concepts employed within philosophy (and later I suppose I’ll use examples in theology as well) and explain them for those who might not be as familiar with them as people who encounter them a lot.

Recently while I was giving a public talk on the contentious issue of abortion, I made reference to the idea of “numerical identity.” In context, I was explaining that even though the features of a fetus will change considerably over time during gestation, and will continue to change considerably after birth as well, although its qualities at one point are not identical to its qualities at a later point, it is still the same entity. In technical terms, I explained, it remains “numerically identical” the whole time, and so I, an adult, am numerically identical to a fetus that once lived.

This term caused a bit of confusion for a couple of people in attendance. For example, one man thought that “numerically identical” just meant “a set made up of the same number of things.” He objected that my comments summarised above committed me to the claim that I am identical to one of my hairs. After all, there’s just one of me, and if I pluck out a hair, there’s just one of it too, so the two things would be numerically identical (after all, 1 = 1)! So I’ve decided to make this second nuts and bolts blog post all about the concept of numerical identity. It’s not the most riveting of subjects, but a pretty important one in philosophy one nonetheless.

So what is identity? Although it’s a term used in philosophy, it certainly isn’t unique to the field of philosophy. Philosophy isn’t an abstract, arcane discipline unto itself. It’s an approach to concepts and ideas that actually apply to the whole variety of disciplines, subjects and issues that all of us interact with in our lives as we use or employ language, science, medicine, as we engage new beliefs, come up with new ideas about the universe, decide how to evaluate theories, pursue justice and so on. Philosophers have had plenty to say as they have explained and discussed this concept of identity that all of use use in everyday speech and life, whether we realise it or not. For example, it gets used in police line ups (e.g. “looking at these five people, can you identify the man who robbed the bank?”), it gets used in romance novels (e.g. “could this really be the same man I knew all those years ago as a child?”), it gets used in our study of the natural world (e.g. “scientists tagged the salmon so that in the months to come as they tracked its movement, they could identify it as the one they were studying”), it gets used in spy movies (e.g. “my cover was blown. In spite of my changed appearance, the KGB now knew who I really was”), and so on.

Whether we’re aware of it or not, all of these scenarios are taking for granted the most fundamental of all logical laws, namely the law of identity (http://en.wikipedia.org/wiki/Law_of_identity). It is both simple and obviously correct, and is as follows:

A = A

That’s it. In English, it is best stated this way: “everything is identical with itself” (or ?A = A, “necessarily, everything is identical with itself”). This may seem fairly trivial and obvious, but it requires us to distinguish between two important concepts of identity. The law of identity is referring to what is called “numerical identity,” although there is another way that things can be identical, namely by being “qualitatively identical.”

In order for entities to be qualitatively identical, they must share all the same qualities (i.e. their qualities must be identical). Two perfectly manufactured ping pong balls would be qualitatively identical provided they are made exactly the same way. To see the difference between the two kinds of identity, consider this: Imagine that I showed you those two ping pong balls and asked you to point to one of them. Next, imagine that I were to put those ping pong balls behind my back and switch them between my hands a few times. Then imagine that I held them out to you, one in each hand, and asked you “which one is identical to the one you chose?”

You could react in one of two ways, depending on how you interpreted my question. If you thought I was talking about qualitative identity, you might say “they are BOTH identical with the one I pointed to earlier.” And you’d be more or less right if that was what I meant. But that’s not what I meant. What I’m talking about now is numerical identity. Imagine that unbeknownst to you, each of the ping pong balls had a name, X and Y. The one you had pointed at was Y. In terms of numerical identity, the correct answer to my question is “Y. Y is identical with the ball that I originally pointed to.”

Numerical identity is not about the qualities that a thing (or person) has. It has everything to do with whether something is the same object or entity as another. Qualitative identity on the other hand is something that comes in degrees. Two things can be more similar or less similar. Two ping pong balls are very similar. They are not absolutely the same in all qualities (e.g. including even location), or we would be talking about the same ball after all. But two things can be pretty much qualitatively identical while still being not at all numerically identical. Here’s another example to hopefully make this distinction clear: Imagine that you were a witness to a murder on a cold and dark autumn night. You got a good clear look at the killer standing under a street light. He had a menacing scowl on his face, a long beard, and wild woolly red hair. Now you stand in the dock as a witness as this man stands trial. The prosecution lawyer asks you – “is that man the same person you saw at the scene of the murder?” You look over at the accused man. He has had his hair cut short since that terrible night, and now he’s clean shaven as well. From what you’ve heard, he has changed his attitude as well. He felt so terrible because of what he had done that he has really turned his life around, and now he wouldn’t hurt a flea. Because of all these changes, you say to yourself, he’s not the same man anymore. So you say to the lawyer, “No. That’s not the man I saw that night. He’s different from that man.”

Of course, you can see exactly what’s wrong with this answer. The person in the dock is confusing two different understandings of the word “same,” each of which deals with a different type of identity. This man’s qualities have changed over time, so in a qualitative sense he’s different, but it’s still true that he’s the same man as the murderer in a numerical sense. This could have been easily demonstrated if, on the night of the murder, you branded a number into his rump – the number 75 (Why 75? Well, why not!). That way, when standing in the dock, you could have simply asked the man to drop his trousers, and then you could declare – “Yes, that man has the identity of (i.e. he is identical with) the killer I saw that night. You would have established that whatever changes he might have undergone, he is numerically identical with the killer (unless of course there’s another man with the number 75 branded onto his rear, but we won’t go there).

Stated differently, numerical identity means that if everything in the universe had a different number assigned to it (and only one number), the things that I have in mind share that number (meaning that they aren’t different things, but rather the same thing after all). Take for example the fetus that was in my mother’s uterus six months before I was born. Give it a number (let’s pick 498,178, 895, 659). Then look at me, sitting here typing this. What’s my number? It’s 498,178, 895, 659 – the same number as that fetus. The fetus has kept that number for more than 33 years, and now that fetus sits here, typing. I am therefore numerically identical with a fetus that once existed (of course what exists now is not a fetus but an adult).

So there you have it, the concept of numerical identity.

Glenn Peoples

We're number 27! We're number 27!

FacebooktwitterredditpinterestlinkedinmailFacebooktwitterredditpinterestlinkedinmail

OK, so it lacks a bit of rhetorical punch, but it’s true. We’re number 27. While the most popular aspect of this site is probably the podcast, which a lot of listeners access via the itunes store, the blog itself isn’t too shabby either. Apparently it’s the 27th most popular blog (not podcast) in New Zealand. Each month you can check out New Zealand’s blog rankings over at “Something Should Go here, Maybe Later,” the halfdone blog, HERE.

Episode 029: Is Abortion Immoral, and Should it be Illegal?

FacebooktwitterredditpinterestlinkedinmailFacebooktwitterredditpinterestlinkedinmail

This episode is a recording of a talk I gave last week at the University of Canterbury on abortion.

As promised in the episode, here’s a summary of some questions and answers that followed.

616, that other number of the beast

FacebooktwitterredditpinterestlinkedinmailFacebooktwitterredditpinterestlinkedinmail

Flicking through a short, enjoyable booklet on the book of Revelation by Jeff “Obadiah” Simmons (and to my charismatic friends, please, it’s “Revelation,” not “Revelations”) today, I was reminded of something that really stood out to me as interesting.

Due to its use in Revelation chapter 13, the number 666 has gained the notorious epithet “the number of the Beast.” Conspiracy theorists in the modern age have accused a wide assortment of  figures, from Pope John Paul II to Ronald Reagan to Saddam Hussein, of being “the beast,” this nasty figure who appears in Revelation 13 and persecutes followers of Christ.


What you might not also be aware of is that some early manuscripts of the book of Revelation – in fact the earliest that we have, such as the fragment found in the Oxyrhynchus Papyri (dated around CE 300) – did not contain the number 666 at all. Instead they contained the number 616. Why?

Page 57 of 78

Powered by WordPress & Theme by Anders Norén