I can only describe this as a work of sheer genius.
I am the first to accept that this may say more about me than the picture.
via Mr Eugenidies and Mr Worstall

The weblog of an obscure physicist

This morning, my wife, five year old son and I thought it might be nice to go swimming in the newly re-opened local swimming pool, Clissold Leisure Centre. We got to the pool at 10.30, to be told that:
- the main pool was too deep to be safe for a five year old;
- the "training" pool was women only between 10.45 and 12.30 every Sunday;I got angry. I nearly swore. I rarely get angry at people who are doing no more than implementing a policy, because it isn't fair on them. I apologised.
Not to worry, we thought. I'll go in the main pool. My wife and son will go to the training pool. However, that was not permitted. My son, being of the male gender, was not allowed in a women-only swimming session.
...
Fine, I said. And what would the policy be if a group of racists decided that "sensitivity" to their cultural preferences resulted in a whites only swimming session? Why should a public institution subsidise the expression, in a public place, of the gender apartheid practice mandated by a small religious minority at all?
"The errors on that survey must be pretty large - and splitting by political affiliation will end up nigh on meaningless. Not to mention the myriad other limitations of survey data. But at least they do the very minimum necessary to take a survey seriously - i.e. provide full questions and answers, and details of the sample. Didn't see a response rate though - but that is widely seen as the Achilles heel of survey data (making, for instance, the published confidence intervals meaningless)."
"Puss is probably not eating the mouseheads for herself but as part of preparing a delicacy to deliver to you in return for your provision of food she likes. Chewing off the head is simply getting rid of the only bit of a (living) mouse that can do any harm - to her at least."
Germany's celebrity polar bear Knut has triggered a new controversy by fishing out 10 live carp from his moat and killing them in front of visitors.
Critics say Berlin Zoo should not have put live fish inside Knut's enclosure. But German media report that the carp were put there to eat up algae.
There is speculation that hand-reared Knut killed the carp just for fun.
There has been heated debate about whether cubs rejected by their mothers should be saved or whether nature should be allowed to run its course.
The Frankfurter Allgemeine news website reports that Knut "senselessly murdered [sic] the carp", fishing them out, playing with them and then leaving the remains.
In our article on Anglo-Saxon attitudes (”Anglo-Saxon attitudes”, March 29th) we said that Americans and Britons felt much the same about the death penalty: they were broadly against it. They do feel strikingly similarly, but not as we said. Between a quarter and a fifth are opposed, the same proportion are in favour, and around half would support the death penalty in some circumstances. Apologies. The online version of the article has been corrected.Thanks to Jim Manzi, who spotted it too, for passing this on.
| Britain | USA | |
| Yes, always | 21 | 26 |
| Yes, sometimes | 53 | 50 |
| No | 24 | 20 |
| Don't knows | 2 | 5* |
"Women should not drink any alcohol during pregnancy, NHS adviser the National Institute for Health and Clinical Excellence (NICE) has said.Have NICE employed "Doctor" Nick Fox of Capital Radio:It says if they must drink, they should not do so in the first three months and should limit consumption to one or two units once or twice a week afterwards.
It brings NICE in line with government advice and replaces previous guidance saying small daily amounts were fine.However, NICE concedes there is no evidence to support the change." [emphasis mine]
"Paedophiles have more genes in common with crabs than they do with you and me. It's a scientific fact - there no actual evidence for it - but it is a scientific fact"
The various Beth Din courts have no status in English law.
I think there are two areas in which people have become confused (i) divorce and (ii) arbitration.
(i) Religious divorce clearly has nothing to do with civil divorce. However, there is a clause of the Divorce (Religious Marriage) Act 2002 which permits a husband/wife to obtain an order that the decree of divorce not be made absolute until
“[t]he parties to the marriage concerned (a) were married in accordance with (i) the usages of the Jews, or (ii) any other prescribed religious usages; and (b) must co-operate if the marriage is to be dissolved in accordance with those usages.” [1]
However, “(a) may be made only if the court is satisfied that in all the circumstances of the case it is just and reasonable to do so; and (b) may be revoked at any time. “.
As you can see, all though the law mentions “the Jews” specifically, it also extends to “other prescribed religious usages”. In this case it exists largely to protect a partner who gets a civil divorce but whose spouse refuses them a religious divorce [a Get in Jewish law], preventing their remarriage in an Orthodox, Conservative or Reform synagogue [rendering them an “Agunah” in Jewish law] [2]
The three important points to note are (i) English law [3] maintains supremacy (ii) the words “Get” and “Beth Din” do not appear (iii) the act AS IT STANDS contains reference to “other prescribed religious usage”. The issue is that that Shari’a courts haven’t been around as long as the Beth Din[4]. To some extent the problem will resolve itself in time, and could be hurried along much better by someone in a civil case using the Divorce act to stop a partner from getting his/her decree nisi made absolute: This would introduce into case law one recognized Shari’a court, and we could go from there with no need to primary legislation. Alternatively, we could amend the Divorce act to say “the usages of the Jews; the usages of the Muslims; or…” ,although it seems quite unnecessary.
(ii) Arbitration. The “binding” nature of arbitration is achieved through the “Arbitration Agreement” which all parties either sign or assent to [5]. The London Beth Din, for example, requires this, and I presume the other Beth Din do, too [6]. It is this Agreement that makes the result of the Beth Din judgement enforceable in the civil courts [7]. As this is a civil matter, judgements can only be pecuniary [8] in nature (an “Arbitration Award”). Now, this can be challenged in the courts (there is no parallel jurisdiction), and the process itself can be challenged on Natural Justice [9] grounds, but the assent of the parties (evidenced by the Arbitration Agreement) constitutes powerful evidence the parties were familiar with the arbitration procedures and aren’t really in a position to complain. The test, unsurprisingly given we’re talking about English Law, is that the procedure is “reasonable”.
ACAS is slightly different: set up, to provide mediation as well as arbitration, by statutory instrument (the most recent one here [10]). It is governed by the Arbitration Act 1996 [except a minor modification to 46(1)(b): see paragraph 5 of the SI].
As I think I’ve shown fairly conclusively, there are no special arrangements in English law that apply to Jews (Orthodox or otherwise), and not to Muslims.
Despite the best efforts of the Archbishop’s defenders, he was not calling for equality between Jews and Muslims (it clearly cannot be, as this is how the law stands at the moment). He is saying something much more dangerous.
From the speech:
I have been arguing that a defence of an unqualified secular legal monopoly in terms of the need for a universalist doctrine of human right or dignity is to misunderstand the circumstances in which that doctrine emerged, and that the essential liberating (and religiously informed) vision it represents is not imperilled by a loosening of the monopolistic framework.
...the really annoying thing about this whole debacle is the duplicitous pretence that he didn't say anything objectionable and controversial, and that anyone who says so has some sinister ulterior motive and/or is unable to parse such elegant and sophisticated prose.
I'm very happy to discuss the merits and demerits of having Shari'a civil courts. I'm not happy for people to tell porkies about what the ++Rowan said. God save the Archbishop from his defenders.
[1] Divorce (Religious Marriage) Act 2002
http://www.opsi.gov.uk/acts/acts2002/ukpga_20020027_en_1
Inserted into the “Matrimonial Causes Act 2002” c.18
Implemented via the Family Proceeding (Amendment) Rules 2003
[2] Liberal and Progressive synagogues do have Beth Din, but as – I believe – they permit religious remarriage without religious divorce, the Beth Din do not issue Gets. It's also worth noting this is explicitly feminist law: it assists Agunah ("chained" women) from being screwed over by their husbands and being stopped from re-marrying.
[3] I can’t see any material differences between this and the amendments made to section 3A of the Divorce (Scotland) Act 1976 by the Family Law Act 2006, but as I know so little about Scottish law I’ll leave that to people who know more than I.
[4] However, the Beth Din have no recognition in English Law, not under these acts, nor under the Arbitration Act 1996.
[5] It is a requirement that the agreement be in writing, and the consent of the parties be evidenced in writing, but not actually that the parties sign it [Arbitration Act, section 5]
[6] http://www.theus.org.uk/the_united_synagogue/the_london_beth_din/litigation/
In the orgy of coverage that has accompanied the Archbishops speech, there has been an assumption that (i)there is only one Beth Din which (ii) constitutes some sort of monolithic institution for all Jews in the country. As I discussed in my comment above, this is false.
[7] Ibid., although note that the Award can only be enforced through the civil courts “with prior permission of the Beth Din”.
[8] Except, of course, those powers discussed in Arbitration Act 1996 paragraph 48(5) (a)-(c), but as these are in effect contact law, they need to be enforced by civil courts anyway.
[9] And these days, the Human Rights Act 1998, although I’m not familiar with any Human Rights case law on Beth Din.
[10] The Arbitration Act 1996, which you can find online at:
http://opsi.gov.uk/acts/acts1996/ukpga_19960023_en_2#pt1-pb1-l1g5
The ACAS Arbitration Scheme (Great Britain) Order 2004, a statutory instrument which replaced the earlier 2001 Order, which can be found at
http://www.opsi.gov.uk/si/si2004/20040753.htm
But Dr Williams said an approach to law which simply said "there's one law for everybody and that's all there is to be said, and anything else that commands your loyalty or allegiance is completely irrelevant in the processes of the courts - I think that's a bit of a danger".
"There's a place for finding what would be a constructive accommodation with some aspects of Muslim law, as we already do with some other aspects of religious law."
Dr Williams added: "What we don't want either, is I think, a stand-off, where the law squares up to people's religious consciences."
"We don't either want a situation where, because there's no way of legally monitoring what communities do... people do what they like in private in such a way that that becomes another way of intensifying oppression inside a community."
Funnily enough, this is just what he said last month:
This should be done by “stigmatising and punishing extreme behaviours” that have the effect of silencing argument.His solution: to silence argument directly.
For example, Muslims could choose to have marital disputes or financial matters dealt with in a Sharia court.
He says Muslims should not have to choose between "the stark alternatives of cultural loyalty or state loyalty".
Yes, we should make hurt feelings against the law, that's an appropriate restriction
The Archbishop of Canterbury, Dr Rowan Williams, has called for new laws to protect religious sensibilities that would punish “thoughtless and cruel” styles of speaking.
...[T]he current blasphemy law was “unworkable” and he had no objection to its repeal.But whatever replaces it should “send a signal” about what was acceptable.
Signals should be sent by post, text or email, not legislation.
This should be done by “stigmatising and punishing extreme behaviours” that have the effect of silencing argument.By cutting out the middle man and silencing arguments directly, via legislative fiat.
democrats are always railing against Fox news and its parent company News Corp. Today I went on to fundrace.org, and put in News Corp, only to find that "$14,600 was given by people who identified their employer as "News Corp".Shame!
$0 to Republicans $14,600 to Democrats