Showing posts with label Intent. Show all posts
Showing posts with label Intent. Show all posts

Tuesday, September 25, 2018

Intent



Sanctus, sanctus, sanctus

It's a phrase taken directly from the traditional Latin Mass but it's actually a direct translation of

קדוֹשׁ, קדוֹשׁ, קדוֹשׁ

which appears in the Jewish Bible. There are many other examples of similar appropriation of non-understood language from one tradition to another. It means “Holy, holy, holy,” but there are other examples of similar cultural appropriations, and this one was only chosen because of it's short length.

Does it matter if the supplicant doesn't understand what he is saying? I'm not a theologian and can only answer based on my own views, but I doubt it. (Vivaldi, who lost his ability to speak, expressed himself through his music.) If the supplicant's intent is proper, the language is irrelevant and, I believe, the act is judged on its own merits.

But the idea is not limited to religious thought. And the results it achieves are not immutable. People with honest and virtuous intents may disagree. Although there are some absolutes, their number is limited, and in most modern arguments both sides are right – at least in regard to some of the particulars. And if contemporaries disagree over “right” and “wrong” it is certain that past and future generations will question what we think, and how we decide and act.

If they can.

When tyrannical regimes in the Middle East destroy sites that others consider holy, we protest their action, even though its proponents believe that they are eliminating places of blasphemy, sacrilege, and immorality and they demolish whatever relics of it that they can find. Their intent is to improve rather than destroy. Yet we are outraged. When we are embarrassed or angered by an American past that includes slavery in our country, we destroy as many symbols of it as possible, including monuments and the names of those who supported or even tolerated it. Perhaps their intent was virtuous. Perhaps they were being honored for other acts, that is not relevant. We ignore their intent and their context and substitute our own. And, like tyrants elsewhere, we destroy our own history making it more difficult for future generations. We honor George Orwell's 1984 and Soviet historical revisionism.

Bad as such behavior may be when practiced by an individual, it is worse when it involves group action. If someone is convicted in the press of an alleged act, and others, with no knowledge of the act, wish to support the “victim,” their good intentions should be supported by a review of all sides of a story – not just the one reinforcers want you to hear. Yet that's what media groups, social and otherwise, prompt people to do – to convert uninformed good intent into mindless and forceful acts. Too often, for example, “good” people, with good intentions, demand freedom of speech, but are encouraged to protest when requested it is sought by others who disagree with their leaders. The “Right” of such a freedom devolves only on those with the “right” point of view.

Proper intent is necessary, but only if its inspired by information rather than incitement. Those who would use the good intents of others to add strength to evils which they wish to promote will be judged (according to your beliefs) by G-d or future generations.

Virtuous intent is to be praised. Well-considered virtuous intent based on your own beliefs and knowledge. (And those who would manipulate that virtuous intent are to be condemned.) The existence of virtuous intent is worthy of praise. The virtue of the act must be judged separately.

For example, in the summer of 1945, Harry Truman, having recently assumed the Presidency following the death of Franklin Roosevelt, authorized the atomic bombing of two cities in Japan, Hiroshima and Nagasaki, because of which it is estimated that 130,000 died immediately (with many more subsequently). Development of the weapon had been initiated by his predecessor, but Truman authorized its use. It brought to an end a war that had caused the deaths of tens of millions already, and damage and destruction to numerous cities and historic sites.

Truman's intent, to end the war while preserving the lives of many future combatants and civilians was achieved. The intent was worthy and the result was cheered at the time. There have been many questions raised subsequently about whether a similar result could have been achieved otherwise, but that is not for me to judge.

However I continue to believe that if the supplicant's intent is proper, it is understood; and the act itself is judged with this in “mind.” We may not live in the time and context of the act, and the imposition of our time's political correctness, or any other criterion, isn't appropriate.




Thursday, January 25, 2018

Various Thoughts XIX



Federalist 47 tells us that tyranny is “the accumulation of all powers, legislative, executive, and judiciary, in the same hands.”

How does this relate to regulatory commissions in the government? They set the rules for laws passed by Congress, and they are the ones who decide who violates them. They also act as judge and jury.
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A transgender individual is likely to be viewed as a member of his/her new sex and previous records altered to reflect the new situation. That includes the birth certificate. The new documents would also contain a new name.

Irrespective of any questions concerning society's readiness to accept this concept in general, suppose someone, or, indeed, some governmental agency, like the police, was trying to locate this individual but was only able to get information from those who only knew the person in question prior to the identity change. How would you locate someone whose name and sex you get wrong?

A court-authorized name change or one that accompanies marriage is far more likely to leave some prior information unchanged, although they do make the use of public records more difficult.

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There's an explosion of accusations of sexual misconduct in recent years. In all religions, Around the globe. Chances are good that human beings haven't changed recently and it is what it always was, but the reaction of society differs from time to time, and our perception of what constitutes harassment too (now we feel free to relate current feelings as well as past perceptions – true or not) is more inflated. “She” claims to have been abused and we expect society to act on the basis of what she says and how we react to it: to praise our behavior and to decry that of others, irrespective of of the nature of the accusations. All virtue is on the side of the accuser for she is telling “a” truth that is beyond denial, even if it is not always “the” truth. And for her act she is worthy of praise while the accused is not deserving of trial. The act of which he is accused is heinous, and it should be left at that.

How society viewed the act at the time it occurred is irrelevant. Present standards are all that counts.

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Like so many others I'm a television lawyer. Obviously that's knowing a negligible part of the law, but enough to form some shallow ideas about what I see. They're probably wrong but they're interesting and promote thought.

The issue in question is intent. Can a felony be committed by someone who has no intent to do so? Sometimes yes and sometimes no according to what I've seen. Separately I've learned that under the Fourth Geneva Convention some people can't be prosecuted for crimes they didn't personally commit, which blows a hole in all the trials of those who drove getaway for murderers.

And what is the status of intent in religious law? In Judaism there are some sins which ire said to take place irrespective of intent, but not all. I'm confused.






January 16, 2018