Categories
Lower School Poetry

Truth – Middle School

Winner of the Middle School Poetry Competition, written by third-former Finlay Sanders.

Estimated read time: < 1 minute

Truth is as eternal as time, 
Yet absent in many, 
As constant as the coming of season, 
Though rarer than gold. 

Behind one’s veil of darkness, 
Behind a screen of marble, 
An iron curtain, a false front 
Luxury oblivious and pure, 
A land of extravagance, 
Of poppies and charms, 
That hush and subdue. 

A life of lies; 
How sweet it is, 
A suppression of pain, 
Of honeyed roses, 
Of syrupy indulgence. 
So easy it is to forget, 
The undying thorns. 

The midnight seeds, 
like bullets etched 
Into the fleshy crimson petals, 
The many torn from society, 
Loathed akin to a blood-shod gash; 
The many ruthlessly killed, 
As victims of hate. 

How painless, how easy it is, 
To burrow under a coat of lies. 

By Finlay Sanders

Categories
Lower School Poetry

TRUTH – Lower School

Winner of the Lower School Poetry Competition, written by first former George Hewlett.

Estimated read time: < 1 minute

In the jungle of lies, everything is a mystery, 
opinions twisted, compressed, turned upon themselves in the darkness. 
Reality itself turned upon its head, tampered with, contorted and changed 
in the thick dense jungle of lies. 

It expands constantly, changing shape, changing form, whatever is necessary to achieve its will. 
Illusion, delusion, deceit, deception – these are all found in the jungle of lies. 

Now truth, a shining light, piercing the thick dense darkness. 
Illuminating all it touches, enlightening the shadows of uncertainty that were before. 
Nothing, in the end, can escape from the radiant touch of truth.  It will uncover the darkest secrets penetrating everything, regardless of time. 
Time is not a problem for truth. 
Like pure water, truth will infiltrate everywhere, even seeping into the mind. 
Nothing can escape the power of  

Truth. 

By George Hewlett

Categories
Arts & Humanities History Law & Politics Social Sciences

Irving vs Lipstadt- The Precedent on History

This article was written by sixth-former Omeet Atara.

Estimated read time: 3 minutes

In the case of Irving vs Penguin Books Ltd, the law was embroiled in a difficult case, which forced them to decide on the validity of a historical claim. Whilst it was labelled a libel case, this was a fundamental question about history. Experts included Richard J Evans were called to the stand to work as witnesses throughout the trial. The significance of this trial is not in the actual arguments, but the result delivered by the judge and historical judgements made.  

History is a complex subject and is about interpreting and understanding the past. Historians use a variety of primary and secondary sources to, put colloquially “work out what happened”. By using these sources, they can justify arguments and theories about past actions. However, historians do disagree and in this case, the argument was over the Holocaust. David Irving brought a British libel suit against Deborah Lipstadt and her publishers Penguin Books for claiming he was a Holocaust denier her book, Denying the Holocaust. Significantly, the case was brought in Britain rather than America, where Lipstadt was based; in British libel suit, the defendant holds the burden of proof whilst in America, it is the other way around. Hence, Lipstadt was forced to legally and historically show her claim about Irving was true. The mixing of historical information and legal complexities caused this trial to gain widespread media coverage within historical circles but also the academic media.  

The case itself was a bench trial and both sides hired high-quality reputable lawyers in what was not just a legal case but a defining moment in academic history. The lawyers for Lipstadt spent significant periods, with expert historians, trawling through the works of Irving. They were ultimately forced to prove that Irving was historically incorrect, and they did this by reading the footnotes. They would search through each of his sources and ensure that they represented the view Irving took. What they found was a group of misused and distorted historical sources. They were able to argue the comments by Deborah Lipstadt to be true. Therefore, this proof made the libel claim impossible to justify- it was not libel but academic truth. 

However, they also asked key historians like Richard J Evans to look at the work of Lipstadt and Irving to try and gain his expert opinion. This brings in the idea of historiography; which is simply the study of written history. He writes the book In Defence of History, which explores the value of history and historiography in the modern age. This has been a key debate at university and in academic history over how we should use this skill. As the expert witness, he concluded that Irving had been factually and intellectually incorrect in denying the Holocaust. He compared the reasonings and the factual evidence provided to make this judgement. He presented written and oral testimony to the court; he was also subject to a cross examination. This formed the basis of the Lipstadt defence which can be described as the justification defence. Rather than use legal escapism, she simply ensured her actions were shown to be fair and justified. 

Irving and his lawyers began with the advantage due to the burden of proof. However, the irreconciled actions of falsely manipulating sources inevitably caused significant difficulties when he came to argue his side. Ultimately, his defence was doomed because there was no libel case- what Lipstadt had said was blatantly true now that the sources had been explored.  

The judge delivered a crushing 397-page verdict in which he ruled in favour of Lipstadt and gave a damning report of Irving. They concluded him to be a holocaust denier, disappointing historian and the defence was entirely correct. This was a judgment that has set an important legal and historical precedent for the future.  

The law and history interacted in what was a case of incredible interest and importance. David Irving was proven to factually incorrect and it established the value of evidence in historical law. Despite the claim from Irving about the personal, economic and academic hardship he suffered the truth and history remained prioritised. The competition between historians over finding the truth makes it an interesting discipline. Regardless of the topic or personalities involved the history and evidence should come first rather than persona and economic disputes. Academic history which has a reliance upon evidence was strengthened once again. 

Further to this, the law was integrated with historical debate. Legally, the precedent was set for the value of evidence and removed the potential for other historical libel cases. This is a topic with no legislative agenda and hence the civil case uses precedent entirely. Hence, this ruling will be significant for years to come. The law also proved the strength of evidence no in academia but also in legal cases.  

History and law are both academic and complex subjects however and have been discussed and debate together in this example. The intertwining of topics has caused civil law to address historical issues; it is impressive to see how the law controlled and acted upon these issues. The Holocaust was a tragedy and to be debating abut its existence is disgusting- that is not the significant thought here. It is that the law sets a precedent for historical works on evidence, not personality.  

Categories
Arts & Humanities History

Slavery: A Catalyst for the Civil War?

This long-read article was written by sixth-former Jack Farrant.

Estimated read time: 8 minutes

The influence of slavery has long been considered to be the most important contributor to the start of the American Civil War. Historians since the days of the Civil War itself have often cited slavery as the primary, or even singular, point of tension. This view, although up to a point valid, is a gross simplification of what was in reality far more complex situation. The government of South Carolina, the first of eleven states to leave the Union, chose slavery as the main cause for the succession in their 1860 Declaration of Succession, saying that there was ‘increasing hostility on the part of the non-slaveholding States to the Institution of Slavery’. Although it is clear that the tensions of slavery were a factor in the outbreak of the Civil War, it is no doubt useful to also take a more Revisionist point of view. Indeed, while the divisive issue of slavery was a cause of tension among States, the problem of inherent disunity between those States encompasses much more than the dispute over slavery. It is more fitting to argue that it was the role of slavery within larger, more complex issues of economy, demography, and geography, that was more of a factor in the outbreak of the Civil War, as opposed to declaring slavery the sole source of tension. 

Historiographical debate over the last two centuries has provided the framework of modern opinion about the outbreak of the Civil War. For many years, it has been understood that the origins of the Civil War cannot be questioned without also looking at the wider context of international affairs and domestic tension within American society at the time. In addition to this, it is important to take into account the difference in opinion about the origins of the Civil War in Northern and Southern accounts. Especially in the years directly following the end of the Civil War, and into the Reconstruction Era at the end of the 19th Century, general Southern collective memory was that States’ Rights and Northern Aggression were the key factors in the outbreak of the war. On the other hand, Northern abolitionists, as well as the majority of today’s professional historians, point to the institution of slavery as the primary cause. 

On the 20th August 1619, an English trade ship, The White Lion, arrived at Point Comfort near Jamestown, Virginia. It carried with it approximately twenty Africans, who became the first slaves to arrive in the British Colonies in America. By 1860, the slave population was four million. Although Revisionism is appropriate when considering the causes of the Civil War, it is still pertinent to acknowledge the importance of slavery as a source of tension. The uncomfortable question of slavery had remained unanswered since the early days of the Revolutionary War; a shortcoming of the revered Founding Fathers. Slavery had been practised in America for as long as it had been a colony, and so became a contentious issue in the new Union. George Washington, despite being a slave-owner himself, claimed that ‘There is not a man living who wishes more sincerely than I do, to see a plan adopted for the abolition of it.’ This duplicitous idea is at the core of early-Union hypocrisy over the morality and legality of slavery. The nationalistic sentiments of the Declaration of Independence and the United States Constitution affirmed ‘that all men are created equal’, but despite these claims, slavery would remain legal in the former colonies for the time being. In the years following the Revolutionary War, certain States began to prohibit slavery within their territory, creating a great divide within the Union. The politicians of the early Union were far more content to compromise than to take on the problem of slavery outright, a sentiment emphasised in the inclusion of the Three-Fifths Compromise, which decreed that each slave would be counted as three-fifths of a person, in order to increase House representation for slave-holding States. Further legislation, such as the 1793 Fugitive Slave Act, allowed for escaped slaves in free States to be returned to their masters in slaveholding territories. The sentiment of compromise rather than action confirms slavery as a cause for tension in America, and so it is clear that the response to early-Union slavery was an important factor in the lead-up to the Civil War.  

Political mismanagement of slavery no doubt also contributed to the inter-State tensions preceding the Civil War. Throughout the early 19th Century, a careful balancing act of slaveholding and free States in the Union was undertaken to ensure no side of the argument had majority representation in Congress. Just as had been prevalent in the 18th Century, a number of compromises were made to try and preserve the Union. The 1820 Missouri Compromise created the Free State of Maine to counteract the admission of the Slave State of Missouri, and banned all slavery in Louisiana Purchase territory North of the 36° 30’ parallel, excluding the State of Missouri. This was contentious legislation; contemporary writers such as ex-President Thomas Jefferson claimed that the division of the country along sectional lines would lead to the breakdown of the Union. Although the Missouri Compromise undoubtedly delayed the outbreak of war, Jefferson was proven correct just forty years later.  

The concessional nature of the legislation did nothing but delay the inevitable confrontation between North and South, rather than avoid it entirely. The Compromise of 1850 not only enhanced the power of the Fugitive Slave Act, but also defused a confrontation over slavery in the recently acquired New Mexico Territory. While this bill lessened tensions in the short-term, it was yet another example of compromise rather than pragmatism, and so did nothing in the longer-term to quell the confrontation. Further events such as the Kansas-Nebraska Act of 1854, allowing self-determination over slavery in the new States of Kansas and Nebraska, and the infamous Dred Scott v. Sandford court ruling, which devalued of the Missouri Compromise of 1820 by forcing Scott to remain a slave even though he had lived in free territory for four years, brought the country closer and closer to war, arguably dooming the Union to its impending division. It is clear that the lack of political pragmatism, and by extension the willingness to compromise, did nothing to stop the inter-State problems that had existed since the days of the Revolutionary War. In this way, political mismanagement of the institution of slavery caused just as much tension as the existence of that institution. 

For many years, the President of the United States has been one of the world’s most influential and powerful political figures, and is supposed to act as the defender of the Constitution and of liberty across the world. The position of President has, over American history, been held by some of the greatest leaders such as Abraham Lincoln, among many others. Despite this, the Presidency in the years leading up to the Civil War was not nearly as reassured or steadfast as it had been. The Election of 1856 saw Pennsylvania Democrat James Buchanan carry every Southern state. In his inaugural address, he left the question of slavery up to individual states, perpetuating the passive approach taken to slavery that was common at the time. Buchanan was a highly divisive figure, and as an advocate of the continuation of slavery, he alienated many Northern abolitionists. Some of the clearest evidence for the divisions within America was the election results in 1856. The divide between Northern and Southern States was obvious, with Buchanan winning every Southern State, and Republican candidate John Fremont, who arguably would have taken a more pragmatic stance to slavery, winning almost every Northern State. This was symbolic of the regionalised nature of American society in the years preceding the Civil War. The anti-abolitionist ideology of President Buchanan was generally popular among Southern voters, and highly unpopular among Northern voters. His politics, just like the Kansas-Nebraska Act, divided the Union among sectional lines. The Election of 1856 was a microcosm of a wider split in the Union; a situation getting closer and closer to Civil War. Overall, the influence of the Presidency during this time did nothing to quell tension within the rapidly failing Union. General historical opinion tends to disregard this factor of the Civil War, but it can be argued that the divisions of American politics were just as important to the start of the Civil War as the existence of slavery is usually considered to be. 

Ever since the early days of post-Revolution America, the issue of States’ Rights had been highly contentious, and the source of much debate among Northern and Southern politicians for decades. For decades, the split between North and South was obvious, encompassing economics, politics, and society. Many in the Southern States argued that Congress favoured the North, and despite being proven correct on multiple occasions, the feeling of dejection felt by many in the South fuelled inter-State rivalry in the Antebellum Union. The Articles of Confederation in the days of the Revolutionary War had allowed the central government little authority in the running of individual States, instead allowing the Union’s constituents to govern themselves on a self-determinist basis. The Constitution a few years later strengthened the government, decreeing that the Federal Law was ‘the supreme Law of the Land’. Despite these efforts to strengthen central government, the federalism present in the early Union meant that post-Revolutionary America was not much more than a loose confederation of individual entities. This lack of complete unity would continue to perpetuate through Antebellum America; it can be said that the Constitution itself split the country along sectional and regional lines, with each constituent member of the Union governing largely separately from the central government. The problem with federalism was most obvious in the early 19th Century, in particular regarding the Nullification Crisis of 1832. This event highlighted more than anything else the innate differences between the Northern and Southern States. The North viewed overseas trade as problematic, due to its industrialised and domestic economy. On the other hand, the much more rural and backwater South relied heavily on international trade, due to the larger emphasis on agriculture and exportation. In the late 1820s and early 1830s, Congress passed a series of tariffs that clearly favoured the Northern economy over that of the South, and the divisive Nullification Crisis began in 1832 when South Carolina declared the tariffs of 1828 and 1832 void within the State, prompting President Andrew Jackson to threaten military force. This brief showing of anti-Union sentiment turned out to be a precursor to the events directly preceding the Civil War, with South Carolina the first State to succeed from the Union in 1860. Overall, the existence of anti-Union sentiment in Southern States, and the popular Southern idea that the government favoured the North helped to fuel tensions between the constituent States of the Union, at the time a broad confederation of entities rather than a singular united body. The inherent split between North and South highlighted the single largest problem with creating such a Union; the political, economic, and social situations between the two sides of the country were so different. 

In conclusion, the influence of slavery in the outbreak of the Civil War cannot be understated. Its continued legality in some parts of the Union fuelled debate and division for decades after the Revolution, and in time tore the Union apart along sectional lines. However, from a Revisionist frame of reference, it is vital to understand that slavery as a part of American society was not wholly to blame for the start of the war. Indeed, the split legality of slavery based upon which State you lived in was symbolic of the innate problems within the early Union, as was the lack of pragmatism from politicians who were much more willing to compromise than to confront issues. The multifaceted split between the North and South was as much a problem of economy and society as it was slavery, with the Antebellum Union arguably trying to hold together what should really have been separate nations in first place. Regardless, the most important factor in the lead-up to war in 1861 was not slavery itself, but rather the divisions in the Union caused in part by slavery, and the half-hearted attempts to reconcile the problems of slavery. The fundamental differences between North and South, and the inability of politicians to effectively reconcile the problems caused by the division, is more influential to the outbreak of the Civil War American slavery itself. In the opinion of President Lincoln, the goal of the Civil War was to preserve the Union, not to end slavery, and so it is clear that the Union fell apart due to its own incompetence in dealing with slavery and other issues dividing North and South, not due to the outright existence of slavery in post-Revolutionary America.  

Categories
Features Law & Politics Social Sciences

Should legal disputes be decided by artificial, rather than human means?

Winner of the Trinity College Robert Walker Essay Prize, written by sixth-former George Hargreaves.

Estimated read time: 7 minutes

Artificial intelligence (AI) has the potential to resolve some legal disputes more accurately, and with greater consistency, than humans are able to. Practical advantages, such as speed and cost of resolution, have already led to its limited adoption in some countries. This is likely to increase as AI continues to evolve rapidly, both through development of the algorithms with which it is programmed and through machine learning. But it is unlikely at any point that AI will be able to update fast enough to reflect ever-changing and infinitely complex real world circumstances, or to master the (also ever-changing) linguistic subtlety upon which much legal argument is based. Many disputes involve unique circumstances which cannot be fully encapsulated by pre-set algorithms: human oversight will be necessary. Furthermore, AI’s inherent lack of transparency means that it will fail to meet the principle of open justice, except in limited circumstances: both users and subjects of AI may not understand the decisions it makes. This would risk society losing confidence in its legal system. While some disputes should be determined by AI, even these must be subject to human checks. In many cases, however, AI’s best use will be as an expert advisor (or “co-bot”, perhaps) for human arbitrators. Society is likely to consider it morally unacceptable for life-changing decisions (where the death penalty could be imposed, for example) to be made by a “robot judge”. Ultimately, law evolves to reflect changes in society and life itself; an inanimate entity such as AI will be incapable of comprehending the infinite complexity of life in the conceivable future. It would thus be mistaken to devolve all power to AI for deciding legal disputes.

Practicing lawyers have made increasing use of AI over the last decade. A survey of the websites of the UK’s 12 largest solicitors[1] indicates that this will continue, albeit with AI typically being used for back office functions and organising and categorising “Big Data” sources. It is often used for the retrieval of precedents for use in upcoming cases, for example, or for reviewing contracts. AI can perform many such tasks far more quickly, accurately and comprehensively than human solicitors would find possible. While programming and other costs are not insignificant, these solicitors all note that AI is allowing them to deploy more staff in areas where greater specialist skills are required, while automating more routine tasks. While AI has been contributing to dispute resolution for some years, it is now starting to come into use in the decision making process itself, having performed well in a series of robot v human contests. In 2018, for example, a LawGeex AI system achieving 94% accuracy in reviewing a set of non-disclosure agreements, compared with 85% by a group of legal experts in that field. Even more strikingly, AI took 26 seconds to review each agreement, while the humans required 51 minutes on average[2]. Cambridge-based Case Cruncher Alpha also had notable success in such competitions. In China, there are now over 100 robots in use in courts[3] while they have also been introduced in countries as diverse as Colombia[4] and Estonia[5]. However, their use remains limited to that of an advisor in high-volume, low-value cases, with a human judge in attendance making any final decision. Nevertheless, AI’s use here has clear practical benefits and may help improve the consistency of penalties or sentences being given. The UK too has recognised these advantages, with the Civil Justice Council recommending as long ago as 2015 the introduction of Her Majesty’s Online Court to resolve some disputes where the value is under £25,000[6]. However, the implementation of this has been delayed until at least 2023[7], partly due to the technology available remaining inadequate. This highlights the difficulties that the sheer complexity and holistic nature of many legal disputes poses AI.

The current usage of AI is limited to relatively simple and clearly defined situations, where organising known facts, which may not in themselves be disputed (in some divorces, for example) is what is required. There are many examples of “bots” being used outside the court system too – the donotpay.com site being one of the most well-known. Originally designed to help the public to obtain refunds for parking tickets wrongfully issued, donotpay.com has now extended its scope to help receive compensation where it is due from airlines, or to force companies to cancel subscription services when they seem reluctant to do so.

AI has some clear practical benefits which are leading to its increased adoption. While its capabilities are insufficient to deal with most decision-making tasks at present, the pace of technological change (estimated in Intel co-founder Gordon Moore’s “Moore’s Law” as a doubling of processing power every 2 years) should not be underestimated. It is clear that these capabilities will advance to a position where it could be used far more widely in future – at least theoretically.

However, there are overwhelming arguments against allowing AI alone to decide many legal disputes. These arguments may be classified broadly as practical, legal and moral.

Practically, an important difficulty is that the world is constantly evolving in unexpected ways and AI will itself need time to absorb and process new laws which may themselves be passed rapidly. In response to the coronavirus pandemic, a new UK Coronavirus Act was swiftly drawn up in early March and given royal assent on 25th March 2020. This will potentially lead to many legal disputes for which there are no precedents, and to as yet unforeseen consequences. Both programmers updating AI logarithms and machine learning will struggle to incorporate this new information in the short term. Similarly, programmers will more generally find it difficult to ensure that changes made to an AI system are not having unintended consequences on the algorithms which are already in place – particularly as the majority of programmers will not be lawyers. Neither will they be perfect individuals, so there is significant potential for their conscious or unconscious biases to be incorporated in an AI system (just as there are in any human system). Large and complex AI systems could also well be open to cyberattacks which have already led to major financial losses for many organisations; any such malicious attack on the legal infrastructure (possibly not identified for many years afterwards) could have extremely damaging consequences on the legal system.

The philosopher John Searle’s Chinese Room Argument[8] drew a distinction between the syntax and the semantics of language and argued that AI could never fully replicate human understanding. While AI may recognise words in themselves, it will always struggle to understand, or even recognise, the multiple linguistic subtleties upon which many legal disputes turn. In essence, many disputes are too complex to be simplified in digital format. If AI cannot understand arguments in their human form (instead merely simulating this), it is unlikely to be able to administer justice fairly to the satisfaction of the humans who need it. An analogy with the recent introduction of the Video Assistant Referee (VAR) in football is interesting as, even when rules were relatively simple and well understood, the attempt to implement them, using artificial means, has been widely deemed unsatisfactory and inconsistent by players and fans alike. VAR, applied strictly, lacks any capacity for discretion.

This complexity, and AI’s inherent lack of transparency, are at the heart of major counterarguments to its use in the legal system. Centrally, the principle of open justice – whereby the law should be clearly comprehensible to all, with decisions clearly communicated – is unlikely to be satisfied by AI, except in limited circumstances. Re and Solow-Niederman have identified “a range of concerns relating to [AI’s] tendency to make the legal system more incomprehensible, data-based, alienating, and disillusioning”[9]. Were this to be the case, using AI alone would in many cases very likely lead to society losing confidence in legal systems which it has used for centuries to provide an agreed framework for it to operate within. Another academic, Sourdin[10], notes “questions such as who makes the decision, and who possesses the legal authority to make such a decision. Is it the computer programmer, the policymaker, the human decision-maker or the computer or automated system itself” – these cannot easily be answered and raise further crucial problems, such as how and to whom appeals might be made.

Re and Solow-Niederman ask “can a prearranged decision procedure really incorporate an idea like mercy or develop fact-sensitive balancing of mitigation factors in a criminal case?” The principle of equitable justice might mean a recently unemployed husband stealing medicine for his sick wife could be treated more leniently than a drug dealer stealing drugs to sell on the street, when it came to a human judge passing sentence. Whereas AI, certainly for the foreseeable future, would not be capable of taking every extenuating circumstance into account. Particularly as every case will have unique surrounding circumstances; and the more complex the case the more complex those circumstances are likely to be.

But, even if developments in AI made it possible in the distant future to overcome all of the practical and legal issues outlined, there are critical moral problems which will remain impossible to solve.

The UK’s legal system (and that of most other countries’) has had human interaction woven into it ever since it was created, or naturally evolved from primitive, informal justice methods. This not only enables a judge to exercise discretion, or mercy, but it is also considered to be a fundamental right for litigants to be able to make their case personally – and to fell that they are being heard and understood. Similarly, a jury decision making process places much emphasis on human interaction and argument. If AI displaced all such human interaction, litigants would be likely over time to become disaffected, eventually losing faith in the system of justice itself.

Where very serious cases were involved, with very serious potential consequences (in some countries, the death penalty for example) it will be considered morally unacceptable for life-changing decisions to be made by a “robot judge”. It is inconceivable that the degree of technological development that would be necessary to overcome these reservations is within human reach.

Finally, privacy issues, both for individuals and for countries when national security matters might be involved, further complicate the landscape for AI. The extent to which these are concerning depends partly on political ideology: in China today, for example, all citizens are subject to “social scoring” based on their internet presence – with low scores affecting individuals’ rights to have a passport or to get a loan. This would be considered too intrusive in many other countries. In any event, AI may find itself denied information which it had in previous instances needed to make a fair decision. The withholding of information for reasons of privacy will continue to be seen as a necessary human “judgement call” – albeit clearly capable itself of abuse. This is an area where politics and law meet. The extent to which AI will improve in the future should not be underestimated. This will increase its use, which is currently limited to relatively routine, standardised tasks. Its ability to assimilate and organise data is already vastly superior to any human’s. However, it will always struggle to understand the linguistic complexity which is central to much legal argument, or the complexity of life itself, which is also often central to such argument. Without humans being part of legal dispute resolution, it is fundamentally impossible for the principles of open justice or of discretion to be met. Lower cost and greater speed will tempt rule makers, but AI’s most appropriate use is as an expert advisor to human judges.


[1] https://www.linklaters.com/en/insights/online-services/artificial-intelligence

[2]https://www.cicerosoftware.com/en/blog-robot-lawyers-lawyers-compete/

[3]https://www.worldgovernmentsummit.org/observer/articles/could-an-ai-ever-replace-a-judge-in-court

[4] https://www.garrigues.com/en_GB/new/artificial-intelligence-international-arbitration-legal-prediction-awards-issued-robots

[5] https://www.lexisnexis.ca/en-ca/ihc/2019-06/from-estonian-ai-judges-to-robot-mediators-in-canada-uk.page

[6] https://www.judiciary.uk/wp-content/uploads/2015/02/Online-Dispute-Resolution-Final-Web-Version1.pdf

[7] https://www.lexology.com/library/detail.aspx?g=10651420-b002-4626-8a01-4c88411be9ff

[8] In “Minds, Brains, and Programs” (1980)

[9] “Developing Artificially Intelligent Justice”, Stanford Technology Law Review 242 (2019)

[10] “Judge v Robot?” AI and Judicial Decision-Making”, UNSW Law Journal vol 41

Categories
Arts & Humanities Features Philosophy & Theology

The Historicity of the Resurrection

This long-read article was written by sixth-former Alexander Norris.

Estimated read time: 8 minutes

As we celebrate Easter, some may, in the abundance of tacky eggs and bunnies, forget the Christian roots of this festival – either by accident or design! This widely celebrated feast is in fact based on a very controversial question: the issue of the Resurrection.

The reason this is such a controversy is because of its practical implications, both for the 2.2 billion adherents of Christianity, the world’s largest religion, and for those who reject the message of the Gospel. This has been admitted from very early on, with St Paul writing to the Corinthians in the first century AD that ‘if Christ has not been raised, your faith is futile, and… we [Christians] are of all men most to be pitied.’

This demonstrates the crucial importance of the Resurrection as the touchstone of the Christian faith, since the choice is a clearly binary one – if it happened, Christians are right; if it didn’t, they’re wrong. In other words, the claimed Resurrection was either the greatest miracle the world has ever seen, or the greatest hoax in the history of mankind. There is no middle way.

Indeed, what makes this an even more contentious matter is the fact that it is theoretically possible, using historical research, either to prove it beyond reasonable doubt or to utterly debunk it, hence the paramount importance of such an investigation.

The Facts

Completely apart from the Gospels sympathetic to Christ and his followers, we have a large number of Jewish and Roman sources who mention this man’s claims from a sceptical point of view, giving their testimony particular value for historians. There are Roman sources (such as Tacitus, Pliny the Younger, Suetonius, Lucian of Samosata, Celsus, Thallus, and Phlegon) and Jewish sources too, which include Josephus, Toledot Yeshu, the Talmud, and Mara Bar-Serapion. The number of sources makes it impractical to fully analyse them in a brief essay such as this, but what we can ascertain from their agreement are the following historical facts:

  • Jesus of Nazareth claimed to be the Messiah foretold by the Jewish scriptures
  • He was arrested by the Jewish authorities and handed over to the Romans to be tried
  • He was tried by the Roman governor, Pontius Pilate, and crucified as a political criminal
  • Three days after his death, several women disciples of his alleged that his body had disappeared from the tomb
  • His disciples claimed that God had raised him from the dead, and that he appeared several times to them before ascending into heaven

Security Precautions

We know more than this, though, from the context of his death, especially given the fact that he had apparently predicted his death and Resurrection beforehand – in any case, the Jewish authorities were taking no chances of making him a martyr.

According to the Gospels, he underwent six trials to ensure his condemnation: one before Annas (the previous High Priest), one before Caiaphas (the present one), and one before the Sanhedrin of Jewish elders, before being handed over to the Romans, who tried him before Pilate (who could not find any grounds for condemning him) then passed to the nominal authority of King Herod Antipas, before finally being sentenced by Pilate again under pressure from the Jews. The final sentence was as follows: he was found guilty of claiming the title of ‘King of the Jews’ and so setting himself up in political opposition to the authority of Tiberius Caesar, the Roman emperor at the time – this was the crime of treason, and as such merited death by crucifixion.

Crucifixion itself was so gruesome and degrading a torture that Roman citizens could not legally be crucified, hence why most crucifixions were reserved for slaves in uprisings. Here is a brief description of the typical process:

  • Before crucifixion the victim would be whipped with a flagella – a whip with multiple ends, into which were sewn pieces of rock, bone and metal – which would uncover the muscles and some bones of his back. The flagellation usually ceased when the victim was deemed to be near to death.[15]
  • After this, the victim would have had to carry a crossbar of c.50 kg to the place of his execution (which in this case was just under a kilometre away) – this crossbar was so heavy and he was so weak that he had to be helped by a passer-by, as the Romans did not want him to die before they could torture him. He would then be stripped of his clothes and nailed to the cross.
  • Even then, death would only come after a lengthy period of torture: the prisoner would suffer incredibly painful cramps, which would make him unable to push himself up with his legs, his muscles would become paralysed, so that he could inhale but not exhale air, carbon dioxide would build up in the lungs and the body would make spasmodic movements up, so he could exhale; this process was repeated for many hours, sometimes taking days.
  • Death would be from suffocation; and the legs were usually broken to terminate torture when the guards had had enough.

The Gospel accounts are in this respect completely accurate as to the process of crucifixion, and even included the detail that Christ’s legs were not broken because he was already dead. They also mention that blood and water flowed from his heart when the centurion pierced it – not only would this spear thrust have killed him had he not already have been dead, but in deaths by torture, clear pericardial fluid (what would have looked like water) builds up around the heart only after death. Furthermore, the Roman governor could only hand over the body to be buried once death had been certified by four professional executioners. This all serves to demonstrate the certainty of his death.

Christ would then have been taken down from the cross and buried in a tomb, whose entrance  would be c.4-5 feet high; this again is verified by the Bible which says that St John had to stoop to enter. He was buried with 100 lb of spices in myrrh (not an unusual quantity for the time) smeared under the burial cloths as a kind of glue so that they could not be taken off very easily. Moreover, investigations of the weight of the stone shows it would have weighed between 1½ and 2 tons – it would have been rolled in place by gravity on a slope, and thus could not be removed without intense physical exertion.

As it happens, the Jews requested a Roman guard for the tomb to stop the body being stolen – this would typically have consisted of sixteen men, four on each side, which theoretically could hold 36 square feet against an entire battalion by utilising the space to their advantage. When they slept in turns, they slept in such positions so that nobody could get past without stepping on them and waking them up. Desertion and falling asleep on duty both required the death penalty by Roman law, so the possibility of this is minimal. Finally, the tomb would also have been sealed with the Roman governor’s seal, which represented the authority of Rome, and thus breaking it would be considered treasonous too.

What Happened?

Therefore, there are certain things that must have happened for the Resurrection even to be a possibility:

  • Someone/something broke the governor’s seal, invoking the penalty of death if they were caught (to avoid this punishment all Jesus’ disciples had fled, and even their chief, St Peter, had denied any association with him three times).
  • Someone/something rolled away the stone (requiring a great deal of manpower).
  • Someone/something removed the body (if they hadn’t, then the Jewish authorities could have produced it as evidence of the disciples’ mendacity, especially given the fact that they began to preach in Jerusalem itself where the grave was).
  • Someone/something caused the Roman guard to flee (desertion was punishable by death, hence they must have had a pretty good motive for doing so!)
  • Someone/something left the graveclothes neatly folded (an unusual twist).
  • Someone/something convinced a huge number of people that they had seen the risen Christ (this included Mary Magdalen, two disciples on the road to Emmaus, the apostles in the locked room, and even 500 people at once, all of which were recorded by St Paul 30 years later who added that they were still alive – in effect, saying ‘Ask them yourselves if you don’t believe me!’) with a large variety of backgrounds (mourning, scepticism, open hostility) and various emotional responses (passion, fright, incredulity).
  • Women claimed to have seen him first (also seemingly unreliable since they were unable to testify in a court of law, which is why the other disciples refused to believed them at first).

Theories about the Resurrection

There are many theories about what happened, so here I’ll outline them as succinctly as possible, and show why so many of them contain major inconsistencies:

  • Nobody knew where Jesus was buried – although crucified men were usually buried in a common grave, there is archaeological evidence that this did not always happen, especially when the man had a large group of family and friends; in this case Jesus was laid in the private tomb of Joseph of Arimathea, which was clearly well known to both his disciples (who had laid him there) and the Romans (who stationed a guard there).
  • The women went to the wrong tomb – similarly, although most tombs would be fairly indistinguishable, this was a private burial ground; indeed, this relies on everyone (including St Peter, St John, the Roman guard and the Jewish authorities) all independently going to the wrong tomb. Also, if his body was present anywhere the whole story could have been nipped in the bud immediately by showing it.
  • The resurrection was a legend invented long after Jesus’ death – this is untenable given the accounts we have from the mid-first century AD by which point the story had already become well-established, especially St Paul’s mention in 56 of over 500 witnesses still alive who could verify it.
  • Jesus’ disciples hallucinated – firstly, hallucinations tend to occur to either paranoids or schizophrenics, and the disciples were neither of these (they had a wide range of personalities and came from a large variety of backgrounds); secondly, hallucinations are very private and not only did Christ appear to a large number of people, but ate with them, and invited them to examine his wounds; thirdly, most of the appearances were in broad daylight (there were fifteen of these, at one point to over 500 people); fourthly, hallucinations require an anticipating spirit which was not present, since the disciples thought that Christ was permanently dead and at first refused to believe that it was he (St Mary Magdalen went to anoint his dead body); fifthly, not only did the hallucinations happen irregularly and ceased at a fixed point (Christ’s Ascension), they also do not square with the reaction of the Roman Guard and chief priests, or with the empty tomb and broken seal.
  • The disciples stole the body – this was the most common accusation at the time, despite the issues already described which stopped them getting to the tomb in the first place (especially the Roman guard, every trained soldier of which could have easily finished off the whole band of simple fishermen); also, it fails to explain why ten of the original twelve apostles died horrible deaths as martyrs, without there being records of a single one of them admitting that it was all a lie.
  • The Roman or Jewish authorities stole the body – they could have done this to stop it being used as a relic, but given the damage it did them they could easily have presented the body at any point together with witnesses to its removal to disprove the disciples’ story; there is no evidence that anything of the sort was ever even suggested.
  • Jesus fainted on the cross and recovered in the tomb – this theory assumes that: (1) Jesus managed to survive the immense torture of scourging, lifting his cross-bar (which he could not even do on his own), nailing to the cross, and crucifixion; (2) when a spear was thrust into his side on the cross, eyewitnesses were wrong that blood and water came out, a sign of death; (3) his death was confirmed by four experienced Roman executioners, who must all have been mistaken; (4) over 100 lb of spices and linen encased his body, he must have breathed through it all; (5) in this state he managed to burst out of his garments, (6) roll the stone away from the inside (impossible for a strong man to do on his own, let alone one so weak) and (7) fight off the guards, then (8) appear in this almost-dead state to his disciples and convince them that he was the triumphant Lord of Life. This would in fact be more miraculous than a resurrection, and requires more faith to believe, especially since such an appearance of Jesus as a man badly in need of food, water and medical aid would hardly have cheered them up, and certainly would not have filled them with enthusiasm to dedicate their lives to preaching about his Resurrection.

As has been shown, all of these theories contain major problems, to the extent that to believe them requires a greater leap of faith than has often been ascribed to Christians.

Conclusion

So what was it that transformed the lives of the disciples, turned them from despair to hope, from fear to courage, and gave them the ability to die fearlessly for their beliefs when beforehand they had been cowering behind locked doors, afraid of their lives?

What was it that changed this small group of penniless fishermen, tax collectors and peasants into the oldest institution in human history, and the one with the most numerous followers?

What changed the most ardent persecutor of this tiny sect into the greatest missionary of the global Universal Church of Christ?

In the words of Sir Arthur Conan-Doyle, ‘when you have eliminated the impossible, whatever remains, however improbable, must be the truth’. Only one adequate theory therefore remains: that as the Gospels narrate, Christ rose from the dead.

Categories
STEM

Coronavirus and Conservation

This article was written by sixth-former James Miller.

Estimated read time: 4 minutes

I know that there are many articles on the internet discussing the implications of COVID-19 on the planet, and our time-limited efforts to save it, almost all written by people more specialised and knowledgeable than myself. Instead, what I hope to put to you today a less detailed but more overarching outlook on the situation and how we, as environmentalists, can make the best of it.

Direct Impacts:

With many countries shutting down borders to international travel and millions under lockdown, scientists at the Global Carbon Project predict a reduction in world carbon emissions by potentially more than 5% this year, a significant decrease considering that emissions have been steadily rising by 1.8% on average annually.

Further, air pollution, that kills an estimated 8.8 million people every year, is freefalling. Satellite imagery from NASA shows NO2 concentrations dropping dramatically over urban areas in China. In fact, it was thought that the measures implemented to contain Coronavirus might save more lives through reductions in air pollution than through actually preventing transmission, according to the Hugo Observatory (although I’m not sure whether that prediction still stands in light of how the pandemic has developed).

Viral videos have circulated social media showing wildlife returning to empty towns, starting to fill the spaces left by humans. While many, such as the Dolphins filmed returning to Venetian Canals, were false (and in fact were filmed hundreds of miles away) there have been plenty of reliable recorded cases. In Venice itself, where motorised transport has been hugely reduced, the water is crystal clear – silt is no longer being churned up from the bed. With the clearer water have arrived small shoals of fish, and Cormorants that feed on them. In Sardinia Wild Boar have been roaming the streets, in Wales Mountain Goats have been terrorising towns, and in Vancouver Orca have been returning closer to shore than witnessed in the last 50 years. With humans sealed safely inside our pods, our deserted urban landscape is turning into a modern Chernobyl.

But I’m afraid those looking for a silver lining from this pandemic will find the virus is by no means all good news for the environment. The projected reduction in emissions, if it does occur, is a temporary blip in an ever-increasing trend. A single year of reduced emissions is of little relevance in global warming – what matters is our cumulative anthropogenic emissions over time, our ‘carbon budget’ that we’re quickly using up. In fact, by virtue of having reduced particulates in the air, temperatures could temporarily increase, as those particles normally reflect some of the incoming radiation into Earth’s atmosphere. What’s more, overall, COVID-19 may well increase emissions long term through the rebound effect – where, in an effort to reboot their economies, countries relax environmental legislation. This is already happening in China and the US, the greatest polluters in the world.

Especially applicable to those of us in the conservation movement, political lobbying has largely come to a standstill, as we respect governments’ need to focus on the pressing global health crisis. Conservation charities are also going to go through a very difficult period, and will need all the help they can get.

The most worrying concern that I have, however, is what individuals and authorities are trying to get away with while international attention is diverted. I have heard accounts of Bolsonaro, Brazil’s President (a rather nefarious individual at the best of times) taking the opportunity to forcefully evict indigenous people from shanty towns, before bulldozing their homes to the ground. There are fears that poaching may increase as wildlife parks around the world close to the public. In our very own country, HS2 is powering on with its deforestation program, felling beloved ancient woodland and sending bat roosts and bird nests tumbling to the ground.

A poor year for conservation?

Perhaps the issue of the greatest relevance to campaigners and activists is the postponement of all the major environmental UN Summits scheduled for this year. We were due landmark meetings on oceans, biodiversity, sustainable development and climate change. It was meant to be an ‘environmental super year’ that activists had been gearing up to for months. The delay again has a variety of implications and has been met with mixed reactions. On one hand, we face such urgent timescales that a delay of even a few months is a crushing blow. However, there are some potential advantages. The US presidential election is due on Nov 3rd, so there is a chance that a Democrat might be in power, in which case the USA would likely rejoin the Paris Agreement and pursue more ambitious reductions. This could lead political leaders in other countries to adopt stronger plans as well. It will also give campaigners time to adjust to the situation and better prepare to influence decisions.

A Green Recovery

A particular opportunity presented by the pandemic is the chance to redesign our economy as it is rejuvenated: to put it through, as Caroline Lucas puts it, a ‘green recovery’. There will soon come some big decisions to be made by the Chancellor as to where money shall be invested, and those decisions will determine whether we run down the same tracks as the after 2008 depression (seeing emissions accelerate), or whether we take this unprecedented opportunity to radically change our economy and start to steer the ship away from the looming iceberg. We must, above all else, ensure we don’t solve one crisis by piling fuel on another. Depending on how the situation develops, the summits next year may be timed well to influence that recovery for many countries around the world.But I hope also that lockdown will make a lasting impression on society: that we will not go back to business as before, because we can’t afford to. Governments now can no longer deny the ability to make drastic changes of the type that the climate crisis demands. Companies may have seen potential to reduce unnecessary travel in their operations. People, now savouring their rationed outdoor time, might reconnect with nature and value it more than they otherwise would have done.

A Time for Reflection

Finally, bearing all of the above in mind, what does this mean for campaigners? We now all find ourselves with the prospect of being housebound for several months, unable to penetrate the media or influence our preoccupied politicians. I see this as an unfortunate opportunity. A chance to reflect on lobbying strategies and how to be more effective. A chance to develop our understanding of the science behind and politics surrounding everything we’re fighting for. And foremost, a chance to build wider international communities and stronger local communities. Political involvement of any sort keeps you very busy, trying to keep track of any developments and changes. This might be the most time we get given to prepare for anything, ever again. And it so happens to occur just before what may be the most important year in our lifetime for environmental politics.

I wish everyone the best over the coming months. Keep safe.

Categories
Arts & Humanities Features Philosophy & Theology

A New Translation of John 1

This long-read article was written by Sixth Former Sam Cherry. It provides a new translation of the first chapter of the Gospel of John, from the New Testament of the Christian Bible. It concludes with a translator’s commentary.

Estimated read time: 8 minutes

The Gospel According to St. John, Chapter 1:

1 In the beginning was the Logos, and the Logos was with God, and the Logos was God. 2The same was with God in the beginning. 3All things were made through Him, and without Him nothing which has been made was made. 4In Him was a way of life, and that way of life was the light of humankind. 5And the light shines in the darkness, though the darkness did not understand it.

6There came a man sent from God, named John. 7This man went as a witness in order to testify about the light, such that all might believe through him. 8He was not that light, but came to bear witness about the light. 9There was a true light, who illuminates all people coming into the world. 10He was in the world, and the world was made through Him, though the world knew Him not. 11He came into His own, and His own did not receive Him. 12But as many as did receive Him, He gave to those who believe in His name the power to be made children of God; 13they were not born from blood, nor from the will of the flesh, nor from the will of man, but of God. 14And the Word became flesh and tabernacled amongst us, and we admired His glory: His glory as the only child begotten from the Father, filled with grace and truth. 15John testifies about Him, and cried out, saying: ‘He was the same one of whom I spoke; the one who is coming after me came before me in precedence, because He was before me’. 16And from His fullness we all received that grace in place of grace; 17because the Law was given through Moses, yet grace and truth came through Jesus Christ. 18No one has ever seen God, but the only-begotten son, being in the bosom of the Father, has made Him known.

19And this is the testimony of John: when the Jewish Temple authorities sent priests and Levites in order to ask him ‘who are you?’ 20he confessed and agreed that ‘I myself am not the Christ,’ and did not deny it. 21So they asked him: ‘who are you then? Are you Elijah?’. And he says: ‘I am not’. ‘Are you the prophet?’ He answered: ‘no’. 22They therefore said to him: ‘who are you? In order to give an answer to those who sent us, what do you say about yourself?’. 23He said: ‘I am a voice in desolation, crying out: make straight the way of the Lord, just as the prophet Elijah said’. 24But the men who had been sent were from the Pharisees, 25and they asked him and said to him: ‘if you are not the Christ, nor Elijah nor a prophet, why then do you baptise?’. 26John responded, saying: ‘I baptise in water, but in your midst stood one whom you did not know. 27He is the one who is coming after me, who came before me in precedence; I myself am not worthy to loose the strap of His sandal’.28These things came to pass in Bethany, on the other side of the Jordan, where John was baptising.

29The next day John sees Jesus coming to him and He says: ‘Behold the Lamb of God who is taking away the sin of the world. 30This is the same Man of whom I said: “before me is coming a Man who came before me in precedence, because He was before me”. 31And I myself did not know Him, but, in order that He might be revealed to Israel, for this reason I went into the water baptising’. 32And John testified saying that: ‘I have seen the Spirit descending as a Dove from heaven above, and it remained upon Him. 33And I did not see Him, but, having sent me to baptise in water, He told me that: “whomever you might see the Spirit descending and remaining upon is the same person who is baptising in the Holy Spirit”. 34And I recognised and testified that He is the Son of God’.

35The next day again, John was standing with two of his disciples, 36and, having seen Jesus walking, says: ‘behold the Lamb of God’. 37The two disciples heard him speaking and followed Jesus. 38But Jesus, having turned around and seeing them following Him, says to them: 49‘what do you seek?’. And they said to Him: ‘Rabbi,’ (which is to say, being translated, ‘Teacher’), ‘where are you staying?’. 40He says to them: ‘come, and you will see’. Thus they came and saw where He stays, and stayed with Him that evening; it was about the tenth hour. 41Andrew, one of the two men having heard from John, and having followed him, was the brother of Simon Peter. 42That same man finds his brother and says to him: ‘we have seen the Messiah,’ (which is to be translated ‘the Christ’). 43And he led him to Jesus. Jesus, standing, said to him: ‘you are Simon, the son of Jonah. You will be called Kephas,’ (which is to be translated ‘Peter’).

44The next day Jesus wanted to go out into Galilee. And He found Philip and says to him: ‘follow Me’. 45And Philip was from Bethsaida, the city of Andrew and Peter. 46Philip found Nathanael and says to him: ‘we have found Him, whom Moses and the Prophets wrote about in the law – Jesus of Nazareth, the Son of Joseph’. 47And Nathanael said to him: ‘what from Nazareth can be good?’. Philip says to him: ‘come and you will see’. 48Jesus saw Nathanael coming towards Him and says about him: ‘behold a true Israelite, in whom there is no deceit’. 49Nathanael says to Him: ‘whence do you know me?’. Jesus answered and said to him: ‘before Philip had called you, I saw you under a fig tree’. 50Nathanael responded and says to Him: ‘Rabbi, You are the Son of God; You are the King of Israel’. 51Jesus replied and says to him: ‘do you have faith because I said to you that I saw you under a fig tree? You will see greater things than these’. 52And He says to him: ‘truly, truly I say to you, henceforth you will see heaven above opening, and the messengers of God ascending and descending on the Son of humankind’.

Translator’s Commentary:

My source was the Koine New Testament as published in 1904 and 1942 by the Ecumenical Patriarchate of Constantinople, with later corrections by the Church of Greece. It departs ever so slightly from other versions by dividing the text into 52 verses instead of 51; what is v.48 in other editions is split into v.48 and v.49 in this text. For reference I used Strong’s Greek Concordance and Liddell & Scott’s English-Greek lexicon, both accessed online.

I have taken a largely literalist approach to the translation. This includes the preservation of the historic present, and the keeping of participles as participles, even when in English it might be more natural to use normal verbs, insofar as was possible. In order to preserve clarity, I have omitted or introduced conjunctives or pronouns in some places into the translation (e.g. v.45 & 46)[1]. All speech punctuation is editorial, as it does not exist in the original.

Perhaps the most obvious difference in my translation of the first chapter of the Gospel according to St. John, versus most other versions, lies in the very first sentence, in my decision to leave Logos (Λογος) untranslated [v.1]. What inspired me in the first place to undertake translating this passage was my dissatisfaction with the popular rendering of Λογος as ‘Word’. The Greek term has a multitude of meanings: reason, story, purpose, decree, maxim, doctrine, account etc. – the list goes on and on. Picking any single word then as a direct translation, I think, necessarily removes the nuance that comes from the multiplicity of meanings captured in ‘Λογος’. Whether that was St. John’s original intent or not, I think this obscurity, these possibilities, should be reflected in the translation as they exist in the original. The only way to do that, then, is to leave the term as it is, untranslated.

I found it difficult to find a suitable way of capturing the word ‘ζωη’ in English [v.4]. While most translators render in literally as ‘life’ (take for example the NIV, KJV or ESV) I think this translation is an oversimplification. ‘ζωη’ means more than ‘life’ in the simple biological sense (the corresponding Greek for that would be ‘βιος’), but rather the totality of the spiritual, physical and active aspects which constitute human life. My best attempt therefore was ‘a way of life’, though this still feels insufficient in my opinion.

Also in v.4, I have decided to interpret ‘των ἀνθρωπων’ in a gender-neutral sense. No doubt the word itself is masculine, and is thus often rendered as ‘mankind’ or ‘man’, but as ‘ἀνθροπος’ in is understood to refer to all humans and not just males I think ‘humankind’ is a more fitting translation. Later, in v.52 I have opted to translate ‘του ἀνθρωπου’ as ‘of humankind’ again given the context, even though it is in this case singular, as ‘the Son of human’ sounds very unnatural in English.

The word translated as ‘flesh’ (‘ἡ σαρξ’) [v.13 & 14], often has associations with human nature, and especially the human inclination to sin, alongside the terms more biological meaning. The nuance of St. John’s use of this term then in v.13 (‘the will of the flesh’) is more or less obvious, but less so in v.14. Strong suggests that ‘ὁ Λογος σαρξ ἐγενετο’ (‘the Word became flesh’) refers not only to Christ taking human form in the incarnation, but also to indicate that Christ took on human nature, with its moral weakness. While the term ‘flesh’ in English does, to an extent, have an association with carnality, I cannot find a way of communicating in English a suggestion of both physicality and weak human nature, so ‘flesh’ remains the best translation of ‘σάρξ’, if an imperfect one.

I think my choice to translate ‘ἐσκηνωσεν’ [v.14], usually translated as ‘dwelled’, instead as ‘tabernacled’ reflects the meaning of the word more accurately. Though it literally means to pitch a tent, Greek Jews reading this passage at the time would have noticed the nuance in this particular verb, as ‘σκηνη’ (meaning dwelling, tent or hut) was the term used to translate the Hebrew word for the Tabernacle (‘מִּשְׁכָּן’, ‘mishkan’) in the Septuagint. I wanted the English to reflect this, as otherwise the theological significance which resides in this unusual word (it occurs only once in the Gospels) would be lost.

St. John linguistically distinguishes between the Jewish people who supported Jesus, and those who opposed Him. Typically, he refers to those who opposed Jesus as ‘οἱ Ἰουδαιοι’ [v.19], though elsewhere in his Gospel this term is used more neutrally, including when Jesus is described as ‘βασιλεὺς τῶν Ἰουδαίων’ (‘King of the Jews’). Elsewhere, he uses ‘οἱ Ἰσραηλίται’ to describe Jews who are favourable to Jesus (e.g. in v.43). While it may seem obvious to translate ‘οἱ Ἰουδαιοι’ as ‘the Jews’ this is not by far an adequate translation, as it would suggest that the persecution was propagated by all Jews, as opposed to a select number of the Temple authorities. Moreover, elsewhere in the Gospel St. John uses the term interchangeably with the Pharisees or chief priests, showing the St. John was accustomed to using the term for subgroups of the Jewish people, and did not intend it to mean all Jews. In the context of the passage, with this in mind, I have thus translated ‘οἱ Ἰουδαιοι’ as ‘Jewish Temple authorities’ and not as ‘the Jews’.

I decided to translate ‘ἐν ἐρημῳ’ [v.23] as ‘in desolation’. Most literally, as a noun, it refers to a place of sparse vegetation, but adjectivally is used to describe an empty place of solace, so I think ‘desolation’ is the most accurate reflection of the meaning in context.

The word rendered as ‘heaven above’ (‘οὐρανος’) [v.32 & 52] is used to refer both to heaven in the spiritual sense, and to the sky or atmosphere. While the word ‘heaven’ in English also has this duality, it is more associated, especially in a theological context, with the spiritual meaning, and thus to translate ‘οὐρανος’ simply as ‘heaven’ neglects the nuance of the Greek. To capture both the spiritual and physical meanings, I think ‘heaven above’ is the best translation, as ‘heaven’ capture the spiritual side, but ‘above’ tempers this with a spatial and hence physical aspect.

Also in v.32 ‘upon Him’ may instead be translated as ‘in His presence’. Similarly, in v.33 ‘remaining upon’ could as be translated as ‘remaining in their presence’. This is due to the ambiguity in the precise meaning of the preposition ‘ἐπι’ in the context of the phrase ‘ἐπ’αὐτον’.

In v.43, Jesus names St. Peter, who is originally called Simon, ‘Kephas’, a transliterated Aramaic term (‘כֵּיפָא’, ‘kepha’); the corresponding Greek word is ‘Petros’ (Πετρος). Though normatively translated as ‘rock’ or ‘stone’, there is some dispute as to whether the Aramaic, and correspondingly the Greek term, should be thought to mean jewel instead. This possible translation could suggest that Peter was special or valuable, conferring a different meaning than if it were translated as ‘rock’, which is usually understood to refer to St. Peter’s reliable and strong character, and his position as the foundation of the Church (c.f. Matthew 16:18).


[1] Additionally, in v.49 the participle ‘ὀντα’ (being) was omitted for clarity.

Categories
Features STEM

Mathematics is a Useless Degree

This tongue-in-cheek piece was written by OG Michael Kielstra, a current Mathematics student at Harvard University.

Estimated read time: 4 minutes

Every so often, some wag will restart the debate over what is and what isn’t a “useful” degree. This might be someone on the internet, or it might be your father asking why he’s paying all this money for you to do East Asian Studies or Theater and Dance or Classics while your older brother studied Computer Science and now he’s pulling down £80 000 per year with benefits. Academics often weigh in to defend their own fields, often using phrases such as “[The thing I study] has never been more relevant than today”. The main divide seems to be between, on the one hand, the group that views education as job training and a college degree as an investment to be netted out against future earnings, and, on the other, the group that views education as teaching knowledge and good citizenship for their own sakes. I call these groups the plutophiles and sophophiles respectively. The sophophiles view the plutophiles as short-sighted money-grubbers with no sense of beauty, while the plutophiles view the sophophiles as pie-in-the-sky idealists with no sense of pragmatism.

The divide between these two groups is very easy to see on a college campus. Arts and humanities majors tend to be sophophiles, resigned to the fact that they will never earn as much as the people in the science building and making highfalutin arguments about how that doesn’t matter. Science and engineering majors, on the other hand, are more often plutophiles, angling for high-paying jobs in the financial or technological sectors. As we will see, there is more nuance to it than that, but this, I would say, matches up fairly well with most peoples’ first impressions.

At this point I should introduce myself. My name is Michael Kielstra and I am a math student at Harvard. This should immediately put me on the list of plutophiles, or at least on the list of people with degrees that their grandfather isn’t ostentatiously ashamed to talk about. Ever since theology was dethroned, mathematics has been the queen of the sciences, and, knowing the job opportunities for engineers, we can only imagine those open to mathematicians.

However, a math degree, from a plutophilic standpoint, doesn’t actually make very much sense. As anyone who has heard mathematicians talk will know, mathematics very quickly becomes abstract and abstruse. Only this year, I have done problem sets involving hierarchies of infinite numbers, derivatives in curved high-dimensional space, and symmetries of arbitrarily complex shapes. More importantly, the engineers don’t need much of this. I am currently enrolled in a class on high-performance computing, and my fellow-students are struggling with algebra which, to me, is almost trivial. I’m not trying to brag here: it is in fact I who am the stupid one, plutophilically, spending all this time practicing algebra that our brightest high-performance computing experts can mostly get by without. Engineers and computer scientists know a lot of mathematics, certainly, but much less than mathematicians do. They fill up that space in their heads, instead, with practical knowledge that equips them to make money in the real world. The plutophile laughs at mathematicians.

This would explain why so many mathematics professors are sophophiles, regularly publishing tracts eulogizing the beauty of their “independent world/created out of pure intelligence.” (Even Keats got in on this.) That doesn’t make much sense either. I can, and often do, rhapsodize with the best of them about the wonder of high-level mathematics, but it is a wonder denied pretty much entirely to people who aren’t willing to spend hours and hours and hours working on problems that seem hopelessly

convoluted and nigh-on incomprehensible even to professionals. Mathematics has a very high person-hours-to-beauty ratio. On top of that, once the modern professional mathematician does create something beautiful, there are possibly ten thousand people in the world who can immediately appreciate it, and possibly one hundred who can appreciate it fully in context.

And mathematics provides next to no training in citizenship, leadership, or any of the ineffable qualities that sophophiles so regularly argue can be taught at university. Mathematicians are famously absent-minded and socially unaware. Imperial College, in the second year of their mathematics degree, brings in a drama coach – not an executive coach or an education expert, a drama coach – to teach the students how to give engaging presentations. The culture of pure mathematics, although in many ways wonderful, has a tendency towards detachment, arrogance, and the worst kind of agnosticism. The existence or non-existence of God does not follow from the Morse-Kelley axioms of set theory, so why should we care? Why should we care about people who care?

So if mathematics makes no sense to a sophophile, and it makes no sense to a plutophile, we may draw one of two conclusions from the fact that I’m still doing it. The first is that I am thick. I am going to ignore that possibility. The alternative is that the distinction between plutophiles and sophophiles is incomplete at best. This is strange: express any even mildly controversial opinion about higher education, and you will very easily find someone ready to call you a dirty sophophile or a filthy plutophile. However, I believe that grouping our opponents, and thereby ourselves, into these categories is a major mistake. After all, neither category can explain a degree as popular as mathematics. The sophophiles and plutophiles, locked in combat over the purpose of higher education, have so limited their viewpoint that they cannot understand that there might be subjects and courses without a fixed purpose at all.

This is the fundamental error: viewing education as a means to an end, whether that end is to produce billionaires or to produce, to borrow a phrase I loathe from the official mission of Harvard College, citizens and citizen-leaders. Talking about whether something is a “useless” degree presupposes that “use” is an adjective that should always apply to degrees in the first place. The mathematics degree is best explained not as a means to an end, but as an end in itself. I love to do mathematics, I love to learn mathematics, and, yes, deep down, I even love the feeling of working on a really nasty problem set. I love the subject, I personally find it beautiful even if I know that beauty is very esoteric, and I would find a life full of it to be fulfilling. That is all the defense I can give for my life choices, and I believe it makes me an incurable Romantic that I believe it is all the defense I need.

A college degree, in any subject, with any sort of usefulness, is just another option that may not be right for everyone. If you want to create beauty, be an artist. If you want to be a citizen-leader, volunteer. If you want to do what you love, and the thing you love happens to be something for which a college offers a degree, go to college. I want to do math, and I am privileged enough to be able to afford to use a facility designed to help me to do math, so I make use of that facility.

If you want to make money, honestly, I’d recommend plumbing.

Categories
Arts & Humanities Philosophy & Theology

The Problem of Evil: A Challenge to God’s Existence?

This article, questioning whether the problem of evil is a conclusive argument against the existence of God, was written by sixth-former Sam Cherry. It won him a place on the St. Andrew’s Logos Institute Summer School.

Estimated read time: 5 minutes

The problem of evil (PoE) posits that it is a logical contradiction for the omnipotent, omniscient and benevolent God of theism to exist in a world that contains evil. The argument is summarised by Mackie thus: ‘God is omnipotent; God is wholly good; and yet evil exists. There seems to be some contradiction between these three propositions, so that if any two of them were true the third would be false. But at the same time all three are essential parts of most theological positions: the theologian, it seems, at once must and cannot consistently adhere to all three’. In other words: no possible world exists in which both God and evil coexist. If this argument is sound, it is therefore a logical impossibility that the God of theism exists.

Implicitly, the argument assumes that a benevolent God could not permit the existence of moral evil. In my opinion most worthwhile counter-arguments to the PoE seek to attack this assumption. Mackie recognises this when he states that the free will defence is the only somewhat plausible reconciliation, despite him ultimately rejecting it.

It is important to note here, before further discussion, two fundamental limits to Mackie’s argument. First, it defends for only moral, but not natural evils. While Mackie admits that this line is not always clear cut, causes of suffering arguably exist that are not attributable to human actions, such as the deaths resulting from natural disasters or diseases. The free will argument does not inherently address natural evils. This question must be left to the theodicies, such as Irenaeus’, which argues that the suffering arising from natural evils might be instrumentally good in helping develop moral goodness in humans.

Second, the argument requires a libertarian or compatibilist view of free will, and if we reject this, the argument becomes nonsensical in either direction, as without free will the concepts of moral good and evil don’t make sense.

The theologian Plantinga argues that evil is the product of human free will, endowed to us by God. He argues that freedom is a ‘higher-order’ good, i.e. one that is necessary for the meaningful existence of other goods. It is more good, according to Plantinga, for there to be a world in which people freely choose to do good things (which necessitates them also being able to do evil) than one in which people cannot do evil, as if it was impossible for humans to do evil, then there would be no virtue in our not doing evil. At least superficially, I think this argument successfully reconciles benevolence with evil.  

Plantinga’s argument leads to two questions. First, why is it the case that God, if He is omnipotent, cannot create a world in which people always freely choose to do good? Second, to what extent does the existence of human free will effect God’s omnipotence?

Mackie argues that God’s omnipotence permits Him to create a world in which people could always freely choose the good, and God’s benevolence inherently predisposes him to create the least evil of all possible worlds, i.e. the one without moral evil. Mackie’s argument is as follows: when we say that a person (P) had free will when undertaking an act (X), we mean that before the act was undertaken (at t1) there were no ‘external antecedent sufficient causes’ to effect P to do X or ¬X at a later time (t2) when P actually acts. If it is the case that in any given individual act at t1, P can do X (where X is the morally ‘good’ act), it follows that it is logically possible for every P at every t2 to have always performed X without this changing the fact that at t1 P always had the possibility of performing ¬X. In this way could God create humans such that they always freely chose the good?

No. Plantinga responds by saying that a world with freedom but without the possibility of moral evil is impossible – that the notion of God being able to create humans such that they ‘always freely chose the good’ is incoherent. This is because of what he calls ‘trans-world depravity’: the concept that in every possible world where moral good exists, the possibility of for P to choose to the evil act must also exists. In all possible worlds with free will the potential to do evil exists, therefore God cannot create a possible world in which He predestines P to do one or another, as such a predestination would eliminate the free will at t1.

God could have created a world in which there was only moral good, but this would be the product of the near infinitesimally small chance that free agents always choose the good, and hence this result would still not be the product of God’s volition. If God could foresee that P would always choose good acts over evil then P’s acts would be predestined, not free. If the possibility that P could commit evil exists, it follows that this possibility might be actualised. That a world with God and no moral evil is possible is irrelevant to the question of whether there is a possible world in which both God and evil coexist. From this it follows that though in this world evil exists, this is not in conflict with the Nature of God.

Even if we accept that God couldn’t create such a world as Mackie envisions, and we agree that free will necessitates some moral evil, it may still be argued that this is only possible by radically limiting our notion of God’s omnipotence to solve the ‘inconsistent triad’. First, if humans truly have free will then God would not be all powerful, as he couldn’t interfere with P’s actions without violating P’s freedom. But moreover, Plantinga’s argument requires an all-powerful God to create something which is then outside of His control, which is a contradiction. This is analogous to the problem of whether God could create a rock so heavy He could not lift it.

These problems arise from considering God to be omnipotent in the sense that He is ‘all-powerful’ i.e. able to bring about any state of affairs. This is an incoherent notion as it leads to all sorts of paradoxes, such as making it possible for God to do the impossible -a direct contradiction. Therefore an actualised God cannot have this impossible (un-actualisable) property. In my opinion, it makes more sense to talk of God as ‘maximally-powerful’, i.e. able to bring about any possible state of affairs. A maximally powerful being cannot be overpowered, as if it could be it would not be maximally powerful, but it is still the most powerful being that can possibly exist. Because, as I have argued, it is a logical impossibility for a world to exist in which free agents always necessarily choose the good, it follows that a maximally powerful being cannot create such a state of affairs.

Similarly, if we define omniscience as knowing all that it is possible to know, this is not inconsistent with God not knowing at t1 whether P will do good or evil at t2, as God having this knowledge is inconsistent with P having free will. God can still have knowledge of all that has happened and all that could happen (which is all that can possibly be known in a world with free will), so it is not improper to describe him as ‘maximally-knowledgeable’.

Therefore, I believe that the PoE is not a conclusive argument against the existence of God. God’s omnipotence allows him to create a state of affairs such that people have free will, but does not allow him to create the impossible state of affairs whereby everyone has free will yet is predestined to always choose the moral act. God’s benevolence requires him to maximise moral good, and as moral good cannot meaningfully exist without the higher order good of freedom, he creates a world in which there exists freedom. As a product of this freedom, people are able to commit evil. God is not able to interfere with this evil or know about it prior to it being committed, as doing so would remove their freedom. Therefore a world containing moral evil and a benevolent, maximally-knowing and maximally-powerful God is possible. The PoE is not a conclusive argument against the existence of God because it fails to conclusively disprove the possibility of this state of affairs.