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		<title>Strangers in Paradox: Explorations In Mormon Theology by Margaret &amp; Paul Toscano</title>
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		<pubDate>Sun, 19 Apr 2009 15:38:28 +0000</pubDate>
		<dc:creator>Paul Toscano</dc:creator>
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		<description><![CDATA[For access to the full text of Strangers In Paradox go to the following URL:
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		<title>WHETHER THERE BE ONE GOD OR MANY</title>
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		<pubDate>Sun, 10 Aug 2008 23:03:20 +0000</pubDate>
		<dc:creator>Paul Toscano</dc:creator>
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		<description><![CDATA[WHETHER THERE BE ONE GOD OR MANY[1]
by Paul Toscano
The question I address here is whether Mormonism is monotheistic, Trinitarian, or polytheistic.  This question arises because, during his lifetime, Joseph Smith asserted, with seeming indifference to their apparent contradictions, each of the following god concepts: (1) the Old Testament’s depiction of one God; (2) the Book [...]]]></description>
			<content:encoded><![CDATA[<p align="center"><font face="Times New Roman" size="3">WHETHER THERE BE ONE GOD OR MANY</font><a name="_ednref1"></a>[1]</p>
<p align="center"><font face="Times New Roman" size="3">by Paul Toscano</font></p>
<p><font face="Times New Roman" size="3"><font face="Times New Roman" size="3"><font face="Times New Roman" size="3">The question I address here is whether Mormonism is monotheistic, Trinitarian, or polytheistic.  This question arises because, during his lifetime, Joseph Smith asserted, with seeming indifference to their apparent contradictions, each of the following god concepts: (1) the Old Testament’s depiction of one God; (2) the Book of Mormon’s depiction of Jesus as both Father and Son; (3) the Lectures on Faith’s depiction of the Father as a consuming fire and an embodied Son; (4) Joseph Smith’s four First Vision accounts of Jesus, an unnamed personage (presumably the Father), and many angels; (5) the New Testament’s depiction of Father, Son, and Holy Spirit; (6) the Doctrine and Covenants’ depictions of one and three Gods; (7) the presentation of Adam as God; (8) the New Portage vision’s depiction of a godhead of Adam, Eve, and Jesus; and (9) the Book of Abraham’s depiction of a plurality or council of gods.</font></font></font></p>
<p><font face="Times New Roman" size="3"><font face="Times New Roman" size="3"><font face="Times New Roman" size="3">Joseph Smith’s godhead statements, which by his death achieved the intricacy of an invention of J. S. Bach, were reduced by the 20th Century LDS church to the simplicity of a polka of Lawrence Welk, namely, the church’s public teaching that the godhead consists of two embodied personages, “Heavenly Father and Jesus,” and a disembodied Holy Ghost—a heavenly first presidency of males over which the Father reigns supreme.  The church also teaches publicly that the Father required his Beloved Son to enter the world to be crucified and that Jesus obediently submitted to this command.  The church no longer publicly forefronts the teaching that a hierarchy of Heavenly Fathers extends back into eternity, or that Jesus treads up this hierarchical ladder in the footsteps of his Father, or that faithful LDS priesthood holders temple-sealed to obedient wives may become gods themselves, or that gods can progress to greater degrees of glory, power and dominion.  However these ideas are accepted by many LDS as the revelations of Joseph Smith and as consistent with the church’s current conservative and cautious public teachings.</font></font></font><font face="Times New Roman" size="3"><font face="Times New Roman" size="3"> </font></font></p>
<p><font face="Times New Roman" size="3"><font face="Times New Roman" size="3"><font face="Times New Roman" size="3">I assert here that most of these ideas run somewhat counter to the teachings of the Book of Mormon and the New Testament and misconstrue some of the teachings of Joseph Smith in his last great discourses.  Most troubling to me is that they present Jesus as a lesser god and imply that he redeems us into a chain of command and resurrects us to the bottom of an eternal hierarchy.  Though the modern LDS church presents Jesus as savior, creator, and an object of worship in the Mormon religion</font><a name="_ednref2"></a>[2]<font face="Times New Roman" size="3"> by placing his name in all capitals in the church’s official logo and by adding in 1982 the words “Another Testament of Jesus Christ” to the title of the Book of Mormon,</font><a name="_ednref3"></a>[3]<font face="Times New Roman" size="3"> Jesus is nevertheless side-lined at the Church’s official web site where he is barely mentioned as the second person of the godhead and where the Heavenly Father is credited with the creation of the universe, the fathering our pre-mortal spirits, the authoring of the plan of redemption, and the dispensation of the gospel that nevertheless continues to bear Christ’s name.</font><a name="_ednref4"></a>[4]</font></font><font face="Times New Roman" size="3"><font face="Times New Roman" size="3"> </font></font></p>
<p><font face="Times New Roman" size="3"><font face="Times New Roman" size="3"><font face="Times New Roman" size="3">Thoughtful Mormons cope with these ambiguities about the godhead generally and the status of Jesus specifically in one of two principal ways.  The first approach is the conservative assertion of “doctrinal constancy’—the claim that the Mormon god concept has never changed since the founding of the LDS Church.  This position is implicit in the MormonWiki web site article on “Godhead,” that expesses the popular LDS view that: </font></font></font><font face="Times New Roman" size="3"><font face="Times New Roman" size="3" /></font><font face="Times New Roman" size="3"><font face="Times New Roman" size="3" /></font><font face="Times New Roman" size="3"><font face="Times New Roman" size="3"></p>
<blockquote><p><span lang="EN"><font face="Times New Roman" size="3">Heavenly Father asked </font><a title="Jesus Christ" href="http://www.mormonwiki.com/Jesus_Christ"><font face="Times New Roman" size="3">Jesus Christ</font></a><font face="Times New Roman" size="3"> to form the earth on which we live.  In that sense, both the Eternal Father and Christ created this world, though Christ is believed to have done the actual act.”</font><a name="_ednref5"></a><span lang="EN">[5]</span></span></p></blockquote>
<p><span lang="EN"><span lang="EN" /></span><span lang="EN"><font face="Times New Roman" size="3">The second approach is the historical assertion of some scholars</font><a name="_ednref6"></a>[6]<font face="Times New Roman" size="3"> that the godhead problems in Mormonism are traceable to a flip-flop made by Joseph Smith himself.  These scholars assume that between 1829 and1839 Joseph Smith viewed the godhead in more or less conventional Christian terms, but that between 1839 and 1844 he abandoned Trinitarianism and began preaching a heterodox polytheism.  Both <span lang="EN">approaches simplify, explain-away, or ignore some of Joseph Smith’s most innovative godhead pronouncements that distinguish LDS theology from the doctrines of Jews, Catholics, Muslims, and Protestants.  N</span>either approach takes fully into account the content of Mormon authoritative texts that, I believe, demonstrate how Joseph Smith’s godhead view deepened over his lifetime.</font><a name="_ednref7"></a>[7]</span><span lang="EN"> </span><span lang="EN" /><span lang="EN"> </span></p>
<p><span lang="EN" /><span lang="EN"><font face="Times New Roman" size="3">In this paper, I assert that the 1829 Book of Mormon teaching that Jesus is the “Eternal God,” who is both Father and Son, does not contradict Joseph Smith’s 1844 teaching that the Father and the Son are two separate persons or his later teaching that the godhead is a plurality of deities.</font><a name="_ednref8"></a>[8]<font size="3"><font face="Times New Roman">  I also assert that his seemingly contradictory statements are actually more consistent than the popular LDS godhead concept. My purpose is to provide an alternative godhead interpretation for the rising generation of Latter-day Saints that accounts for and gives equal dignity to some of the most important authoritative Mormon texts on this subject.</font></font><a name="_ednref9"></a>[9] </span></p>
<p><span lang="EN" /><span lang="EN"><font face="Times New Roman" size="3">The title page of the Book of Mormon, the first canonical text of the Restoration and, in Joseph Smith’s words, “the most correct of any book,”</font><a name="_ednref10"></a>[10]<font face="Times New Roman" size="3"> states that its purpose is the “convincing of the Jew and Gentile that Jesus is the Christ, the Eternal God, manifesting himself unto all nations.”</font><a name="_ednref11"></a>[11]<font size="3"><font face="Times New Roman">  The book contains a number of conflicting statements on the godhead,</font></font><a name="_ednref12"></a>[12]<font face="Times New Roman" size="3"> perhaps the most complete of which is a godhead treatise presented in the voice of the prophet Abinadi, a treatise that, in my view, serves as the foundation of all Joseph Smith’s godhead statements and, therefore, deserves a partial close reading.  Its thesis is stated in Mosiah 15:1: </font></span><span lang="EN" /><span lang="EN"></p>
<blockquote><p><font face="Times New Roman" size="3">I would that ye should understand that God himself shall come down among the children of men, and shall redeem his people.</font></p></blockquote>
<p></span><font face="Times New Roman" size="3">It is the Eternal God, not some lesser deity, who does the work of salvation.  The Abinadi treatise continues in verses 2, 3, and 4:</font></p>
<blockquote><p><font face="Times New Roman" size="3">And because he dwelleth in flesh he shall be called the Son of God, and having subjected the flesh to the will of the Father, being the Father and the Son—</font></p></blockquote>
<blockquote><p><font face="Times New Roman" size="3">The Father, because he was conceived by the power of God; and the Son, because of the flesh; thus becoming the Father and Son—</font></p></blockquote>
<blockquote><p><font face="Times New Roman" size="3">And they are one God, yea, the very Eternal Father of heaven and of earth.</font></p></blockquote>
<p><font face="Times New Roman" size="3">On the nature of God there is, perhaps, no more concise or confusing statement than this in the Mormon canon.  These Book of Mormon verses together with its title page presents Jesus Christ as God, a single being who is both Father and Son—the Son because of the flesh and the Father because he was “conceived by the power of God.”  If the phrase about “being conceived by the power of God” means only that Christ was conceived in the flesh by and with godly powers, it does not explain how Christ is the Father.  If, however, it means that Christ as the Father was conceived by no power outside his own, then this verse tells us that Christ as Father had no progenitor, but was uncreated and pre-existed the creation as the Self-existent Being.  The Abinadi text states next in verse 5:</font></p>
<blockquote><p><font face="Times New Roman" size="3">And thus the flesh becoming subject to the Spirit, or the Son to the Father, being one God, suffereth temptation, and yielded not to the temptation, but suffereth himself to be mocked, and scourged, and cast out, and disowned by his people.</font></p></blockquote>
<p><font face="Times New Roman" size="3">Thus, the eternal uncreated Father who created the universe entered that universe as the created Son to endure the contradictions, injustices, and pain that mortals inflict upon each other.  This interpretation is consonant with those verses of the Book of Mormon that speak of the condescension of God from divinity to mortality through the Virgin Mary.</font><a name="_ednref13"></a>[13]<font size="3"><font face="Times New Roman">  Verses 6 and 7 of the Abinadi text assert that this doctrine of divine condescension is so disturbing to the expectation of a totally-other God beyond all categories of thought that it resulted in the rejection of God the Son by the people to whom he was revealed in mortality:</font></font></p>
<blockquote><p><font size="3"><font face="Times New Roman">And after all this, after working many mighty miracles among the children of men, he shall be led, yea, even as Isaiah said, as a sheep before the shearer is dumb, so he opened not his mouth.  </font></font></p></blockquote>
<blockquote><p><font face="Times New Roman" size="3">Yea, even so he shall be led, crucified, and slain, the flesh becoming subject even unto death, the will of the Son being swallowed up in the will of the Father.</font></p></blockquote>
<p><font face="Times New Roman" size="3">God does not avoid the fate decreed for mortals, but personally assumes that fate as well, walking in the valley of the shadow of death and acquiring compassion for the plight decreed for mortals.  Verses 8 and 9 of the Abinadi text state:</font></p>
<blockquote><p><font face="Times New Roman" size="3">And thus God breaketh the bands of death, having gained the victory over death; giving the Son power to make intercession for the children of men—</font></p></blockquote>
<blockquote><p><font face="Times New Roman" size="3">Having ascended into heaven, having the bowels of mercy; being filled with compassion towards the children of men; standing betwixt them and justice; having broken the bands of death, taken upon himself their iniquity and their transgression, having redeemed them, and satisfied the demands of justice.</font></p></blockquote>
<p><font face="Times New Roman" size="3">God’s demand for justice is often confused with the human demand that iniquities be punished and inequities be balanced, in other words, that criminals and wrongdoers be denied the benefits of their crimes and wrongs and that their victims be compensated for their injuries and losses, the most severe of which, such as the death of loved ones or the loss of such irreplaceables as time, effort and scarce resources, can never be recompensed.  At its best, human justice is mostly retributive; it mainly seeks to punish perpetrators because it usually cannot make victims whole; at its worst, human justice is tribal and vengeful. The human demand for retribution reaches even to heaven when we want to punish God for not preventing pain or wrongs or losses and for being, in our eyes, fickle, feckless, and cruel.  In Christianity, however, God not humanity takes the responsibility and the punishment for the world’s evils and imperfections and for the harms that flow from freedom and from nature itself.  It is an ancient formula that the king must pay for the sins committed in his reign.  God as Christ is presented as the king who does not shrink from our demand for justice whether truly just or not.  God as Christ enters the creation to be pierced with our spiritual and physical imperfections and then calls us to turn upon the divine rather than each other our human frustration, our anger, our hatred, and our need to punish and kill one another.  God as Christ becomes the scapegoat of our vengeance for all our disappointments, losses and injuries.  As Christ, God asks us to crucify in him our demand for eternal retribution from others even as he crucifies in himself his demand for innate perfection from us.  Christ, the Eternal God, absorbs our violence and returns to us instead of hatred his grace and love, which alone can transform our thirst for blood into mercy.  Where human justice is mostly retributive, divine justice is remedial.  God’s remedy is our justification, sanctification, glorification, and deification, which God achieves by forgiving our sins and raising our dead to glory.  This work can be accomplished only be the Eternal God of finitude <em>and</em> infinitude, a finite Son to suffer and an infinite Father to turn the burning straw of retributive rage in the hearts of numberless transgressors into the gold of charity—being one God, the Eternal I AM.</font><a name="_ednref14"></a>[14]<font face="Times New Roman" size="3"> In the words of 2 Nephi:</font></p>
<blockquote><p><font face="Times New Roman" size="3">Wherefore, it must needs be an infinite atonement—save it should be an infinite atonement this corruption could not put on incorruption.”</font><a name="_ednref15"></a>[15]</p></blockquote>
<p><font face="Times New Roman" size="3">The Abinadi treatise continues in this vein to the end of Mosiah Chapter 15,</font><a name="_ednref16"></a>[16]<font face="Times New Roman" size="3"> asserting that <em><u>Christ is the Eternal God, the uncreated Father, who manifests himself on earth as the Son and that the work of the Son is as great as the work of the Father because it is its consummation.</u></em> This same idea appears in many other verses of the Book of Mormon, particularly and, perhaps, most concisely in the Book of Ether, where the text ascribes to the Lord the following words:</font></p>
<blockquote><p><font face="Times New Roman" size="3">Behold, I am he who was prepared [<em>not by someone else, but ready, willing, and able</em>] from the foundation of the world to redeem my people.  Behold, I am Jesus Christ.  I am the Father and the Son.  In me shall all mankind have light, and that eternally, even they who shall believe on my name; and they shall become my sons and my daughters.</font><a name="_ednref17"></a>[17]</p></blockquote>
<p><font face="Times New Roman" size="3">Notwithstanding its clear soteriology,</font><a name="_ednref18"></a>[18]<font face="Times New Roman" size="3"> the Book of Mormon deviates from this picture of Christ as Father and Son by also presenting the Father and the Son as separate and distinct individuals.</font><a name="_ednref19"></a>[19]<font size="3"><font face="Times New Roman">  In 3 Nephi 15, for example, the resurrected Christ refers to the Father as a separate personage who commanded Jesus not to reveal to the Jews the existence of the tribes of Israel in America.</font></font><a name="_ednref20"></a>[20]<font size="3"><font face="Times New Roman">   In that same text, when the people of Nephi are commanded by the resurrected Jesus to kneel and pray, surprisingly, they prayed “unto Jesus, calling him their Lord and their God,”</font></font><a name="_ednref21"></a>[21]<font face="Times New Roman" size="3"> after which Jesus is then presented as petitioning the Father as a separate divine being</font><a name="_ednref22"></a>[22]<font face="Times New Roman" size="3"> in the following words reminiscent of the “intercessory prayer” of Chapter 17 of the Gospel of John:</font><a name="_ednref23"></a>[23]<font face="Times New Roman" size="3"> </font></p>
<blockquote><p><font face="Times New Roman" size="3">And now Father, I pray unto thee for them, and also for all those who shall believe on their words, that they may believe in me, that I may be in them as thou, Father, art in me, that we may be one.”</font><a name="_ednref24"></a>[24]<font face="Times New Roman" size="3">  </font></p></blockquote>
<p><font face="Times New Roman" size="3">Then the Nephite disciples continued to “pray steadfastly, without ceasing, <em>unto him</em> [Jesus]; and he did smile upon them again” (italics added).</font><a name="_ednref25"></a>[25]<font size="3"><font face="Times New Roman">  In 3 Nephi, Jesus is reported to say:</font></font></p>
<blockquote><p><font face="Times New Roman" size="3">Behold, I come unto my own, to fulfill all things which I have made known unto the children of men from the foundations of the world, and to do the will, both of the Father and of the Son—of the Father because of me, and of the Son because of my flesh.</font><a name="_ednref26"></a>[26]</p></blockquote>
<p><font face="Times New Roman" size="3">In 3 Nephi 11, Jesus commands his followers to submit to authoritative baptism in the name of the Father, the Son, and the Holy Ghost, but then explains that “the Father, the Son, and the Holy Ghost are one: and I am in the Father, and the Father in me, and the Father and I are one.”</font><a name="_ednref27"></a>[27]</p>
<p><font face="Times New Roman" size="3">Complicating this blurred picture further are the three non-canonical and one canonical versions of Joseph Smith’s First Vision.  In the first of these versions, recorded in 1832, Joseph Smith reports seeing only one personage, Jesus Christ—who forgave Joseph’s youthful transgressions.</font><a name="_ednref28"></a>[28]<font size="3"><font face="Times New Roman">  In the 1835 version, Joseph reports seeing in this vision, one after another, two unidentified beings and also, importantly, many angels.</font></font><a name="_ednref29"></a>[29]<font size="3"><font face="Times New Roman">  In the 1838 canonical version, Joseph reports seeing two beings, one of whom identifies the other as “my Beloved Son.” <a name="_ednref30"></a>[30]  Finally, in the 1842 version, Joseph Smith reports seeing two personages who exactly resembled each other in features and likeness.</font></font><a name="_ednref31"></a>[31]<font face="Times New Roman" size="3">  Never does Joseph identify the Father explicitly in any these reports, but in 1843, he stated: “The Father has a body of flesh and bones as tangible as man’s; the Son also; but the Holy Ghost has not a body of flesh and bones, but is a personage of Spirit.  Were it not so, the Holy Ghost could not dwell in us”</font><a name="_ednref32"></a>[32]<font face="Times New Roman" size="3">; and just eleven days before his murder, he publicly told the Latter-day Saints:</font></p>
<blockquote><p><font face="Times New Roman" size="3">I have always declrd. God to be a distinct personage—J.C. a sep. &#038; distinct pers from God the Far. The H.G. was a distinct personage &#038; or Sp &#038; these 3 constit. 3 distinct personages &#038; 3 Gods . . .”</font><a name="_ednref33"></a>[33]<font face="Times New Roman" size="3"> </font></p></blockquote>
<p><font face="Times New Roman" size="3">Joseph Smith’s First Vision accounts and these two subsequent statements constitute the primary authority upon which the modern LDS Church bases its current godhead teachings.</font></p>
<p><font size="3"><font face="Times New Roman">Other Mormon scriptures and revelations darken this picture even more.  Lectures on Faith, Lecture 5, presents us with a disembodied God the Father described as a consuming fire, while Jesus is presented as an embodied personage.</font></font><a name="_ednref34"></a>[34]<font size="3"><font face="Times New Roman">  In a rarely referenced vision reportedly given to Joseph Smith, Zebedee Coltrin, and Sidney Rigdon or Oliver Cowdery, the godhead is presented as Father Adam, Mother Eve, and Son Jesus,</font></font><a name="_ednref35"></a>[35]<font face="Times New Roman" size="3"> while the Pearl of Great Price’s Book of Abraham presents the godhead as a council of deities called the Elohim.</font><a name="_ednref36"></a>[36]<font face="Times New Roman" size="3"> </font></p>
<p><font face="Times New Roman" size="3">Are these vacillating descriptions evidence only of the frailties of their human authorship?  If not, what purpose could a merciful God have in laying such complex elaborations in the laps of the Latter-day Saints?   To make sense of all this, I believe it is necessary to invoke the godhead teachings that Joseph Smith introduced in a discourse given in July of 1839, in which he stated:</font></p>
<blockquote><p><font face="Times New Roman" size="3">The Priesthood was first given to Adam; he obtained the First Presidency, and held the keys of it from generation to generation.  He obtained it in the Creation, before the world was formed, as in Genesis 1: 26, 27, 28.  He had dominion given him over every living creature.  He is Michael the Archangel, spoken of in the Scriptures. . . .</font></p></blockquote>
<blockquote><p><font face="Times New Roman" size="3">. . . . </font></p></blockquote>
<blockquote><p><font face="Times New Roman" size="3">Daniel in his seventh chapter speaks of the Ancient of Days; he means the oldest man, our Father Adam, Michael, he will call his children together and hold a council with them to prepare them for the coming of the Son of Man.  He (Adam) is the father of the human family, and presides over the spirits of all men, and all that have had the keys must stand before him in this grand council.  This may take place before some of us leave this stage of action.  The Son of Man stands before him, and there is given him glory and dominion.  Adam delivers up his stewardship to Christ, that which was delivered to him as holding the keys of the universe, but retains his standing as head of the human family.</font><a name="_ednref37"></a>[37]</p></blockquote>
<p><font face="Times New Roman" size="3">This is probably the first public expression of the notorious and discarded Adam-God doctrine.   Joseph Smith, not Brigham Young first identified Michael the Archangel as Adam, the “oldest man,” “the father of the human family,” who “presides over the spirits of all men,” who will eventually deliver “his stewardship to Christ,” the stewardship of “the keys of the universe.”   Joseph Smith asserted not only that Adam held the keys of the <em>universe</em> but that he will return them to Christ after which Adam will retain his standing as <em>head of the human family</em> of which Jesus is a member.  This teaching, no matter how repugnant to Protestants, Catholics, or even Latter-day Saints, must nevertheless be accounted for in any discussion of Joseph Smith’s image of the godhead because <em>it serves theologically to equate the Father with Michael-Adam in every Mormon text where God the Father is presented as a separate and distinct personage from Jesus Christ</em>.</font></p>
<p><font face="Times New Roman" size="3">This discourse serves as the frame for understanding certain passages of the Book of Abraham in the Pearl of Great Price.  In Chapter 3, Abraham is presented as having seen in vision the pre-mortals destined for mortality.  Most LDS understand this passage as a description of the selection of the person to serve on earth as the Messiah.  I, however, think this passage describes the pre-mortal selection of the person to serve on earth as Adam.  The text of Abraham 3 reads:</font></p>
<blockquote><p><font face="Times New Roman" size="3">And there stood one among them that was like unto God, and he said unto those who were with him: We will go down, for there is space there, and we will take of these materials, and we will make an earth whereon these may dwell;</font></p></blockquote>
<p><font face="Times New Roman" size="3">The one “like unto God” in this passage is usually thought to be the pre-mortal Jesus; but I think the reference is to the pre-mortal Adam or Michael because the name Michael in Hebrew was said by early church leaders to mean “like unto God.”  In my view, the text refers to the pre-mortal Jesus as “the Lord,” the personage making the selection of Adam:</font></p>
<blockquote><p><font face="Times New Roman" size="3">And the Lord said: Whom shall I send? And one answered like unto the Son of Man: Here am I, send me.  And another answered and said: Here am I, send me.  And the Lord said: I well send the first.</font></p></blockquote>
<blockquote><p><font face="Times New Roman" size="3">And the second was angry, and kept not his first estate; and, at that day, many followed after him.</font><a name="_ednref38"></a>[38]</p></blockquote>
<p><font face="Times New Roman" size="3">This reading is true to the Adam-God teaching and to the biblical presentation of a pre-mortal conflict between the angels led by Michael and the fallen angels led by Lucifer.</font><a name="_ednref39"></a>[39]<font size="3"><font face="Times New Roman">   The interpretation is also consistent with the LDS temple ceremony’s presentation of Elohim, Jehovah, and Michael if the term Elohim is understood to refer to the council of Gods, Jehovah is understood to be Jesus, the God who initiates creation with the words “let us go down,” and Michael-Adam is understood to be the archangel who assents with the words “we will go down.” </font></font></p>
<p><font face="Times New Roman" size="3">At his life’s end, Joseph Smith made statements that assume that Jesus is both Father and Son while simultaneously assuming that the Father and the Son are two separate and distinct beings.  Before treating this apparent contradiction, let me first consider briefly Joseph Smith’s last great godhead discourses.</font></p>
<p><font face="Times New Roman" size="3">In March of 1844, Joseph Smith delivered his discourse on Elias, Elijah, and Messiah</font><a name="_ednref40"></a>[40]<font face="Times New Roman" size="3"> in which he explained that the Messianic priesthood of the Son is greater than the patriarchal priesthood of Elijah, or the preparatory priesthood of Elias.  His point was that the priesthood of Adam (and Eve) and the patriarchs (and matriarchs) is subordinate to the Messianic priesthood.  The patriarchal (and matriarchal) power is the power to create, to build the cosmic temple to its capstone, and to put the seals thereon.  But the Messianic power of the Son (and the Holy Ghost) is the power of resurrection, redemption, exaltation and eternal life.  Creation is joy and rejoicing, while salvation is fear and trembling.  Creation requires the splitting of divine unity into the polarities of night and day, matter and space, sea and land, male and female, pleasure and pain, life and death.  Salvation, on the other hand, requires an embracing at-one-ment.  Creation requires the objectification of the cosmos by the divine mind, the self-existent One, the Kabalistic <em>Ain-sof.<a name="_ednref41"></a><strong>[41]</strong></em>  Salvation, on the other hand, requires the reconnection to the divine of the disparate created elements without the obliteration of individuality.  God as Creator must conjure and expel the universe to create it; then the same God as Redeemer must penetrate and embrace the universe to mature and preserve it.  This view contradicts the teaching that the Father sent a willing and loving Son to his death.  It implies the more likely view that God shouldered the burden of redemption personally.  The scripture says as much: “This is <em>my</em> work and <em>my</em> glory to bring to pass the immortality and eternal life of man (italics added),” <a name="_ednref42"></a>[42] a theological principle expressed in the Abinadi text and that also seems to be the point of the story of Abraham’s arrested sacrifice of Isaac.</font><a name="_ednref43"></a>[43]<font size="3"><font face="Times New Roman">  Because the salvific priesthood of the Messiah completes the creative work of the Supreme Patriarch (and Matriarch), the high priesthood is formally denominated the “Priesthood After the Order of the Son of God” rather than the Priesthood of the Father (and Mother), although it is nicknamed the Melchizedek Priesthood to avoid the repetition of the name of the Supreme Being, Jehovah—whom the Book of Mormon identifies as Jesus Christ.</font></font><a name="_ednref44"></a>[44]<font face="Times New Roman" size="3">  Nevertheless, because the focus of Christianity is on salvation, the church is called The Church of Jesus Christ of Latter-day Saints rather than the Church of God the Father of Latter-day Leaders.  I recognize that current LDS teachings run contrary to this Christocentric view and that there appear to be reasons for this asserted by Joseph Smith himself in his last discourses. </font></p>
<p><font face="Times New Roman" size="3">In the King Follett discourse, given in April of 1844, Joseph Smith explored the relationship between God and humans.  This exposition contains what appear to be two deeply contradictory statements—namely, that God is a self-existent being <em>and</em> that God is a created being.  Joseph first states, “We say that God Himself is a self-existing being,” and confirms this idea by affirming that “It is correct enough.”  He then clarifies that all intelligences are, likewise, self-existing</font><a name="_ednref45"></a>[45]<font face="Times New Roman" size="3"> although they are not equal with God.  Joseph explained:</font></p>
<blockquote><p><font face="Times New Roman" size="3">God himself, finding he was in the midst of spirits and glory, because he was more intelligent, saw proper to institute laws whereby the rest could have a privilege to advance like himself.</font><a name="_ednref46"></a>[46]</p></blockquote>
<p><font face="Times New Roman" size="3">Then, in the same discourse, Joseph exclaimed contrariwise that God was a created being in these famous words: “God himself was once as we are now, and is an exalted man, and sits enthroned in yonder heavens!”</font><a name="_ednref47"></a>[47]<font face="Times New Roman" size="3">  God “was once a man like us; yea, that God himself, the Father of us all, dwelt on an earth, the same as Jesus Christ himself did; and I will show it from the Bible.”</font><a name="_ednref48"></a>[48]<font size="3"><font face="Times New Roman">  To drive home this point, Joseph asked rhetorically, “What did Jesus do?”  Then assuming the voice of Jesus, Joseph supplied his answer: </font></font></p>
<blockquote><p><font face="Times New Roman" size="3">Why I [<em>Jesus</em>] do the things I saw my Father [<em>Michael-Adam</em>] do when worlds came rolling into existence.  My Father [<em>Michael-Adam</em>] worked out his kingdom with fear and trembling, and I must do the same [<em>that is, I, too must become an Adam</em>]; and when I get my kingdom [<em>my own earthly family</em>], I shall present it to my Father [<em>Michael-Adam</em>], so that he may obtain kingdom upon kingdom, and it will exalt him in glory [italics are mine].</font><a name="_ednref49"></a>[49]</p></blockquote>
<p><font face="Times New Roman" size="3">To this point in his discourse, it is still possible to interpret Joseph’s references to the “Father” as references to Father Adam.  But Joseph appears to subvert this interpretation entirely when he states further:</font></p>
<blockquote><p><font face="Times New Roman" size="3">He [<em>the Father</em>] will then take a higher exaltation, and I [<em>Jesus</em>] will take his place, and thereby become exalted myself.  So that Jesus treads in the tracks of his Father, and inherits what God did before; and God is thus glorified and exalted in the salvation and exaltation of all his children.  It is plain beyond disputation, and you thus learn some of the first principles of the Gospel, about which so much has been said [italics are mind].</font><a name="_ednref50"></a>[50]</p></blockquote>
<p><font face="Times New Roman" size="3">Is Joseph here saying that Jesus, the Eternal God of the Book of Mormon, is now to follow in the footsteps of Adam?  Is Joseph teaching that Jesus, the Eternal God, subordinates himself to his angels? That the Uncreated becomes a creature?  In my view, this is precisely the point of this discourse: Jesus treads into mortality in the tracks of Adam, his progenitor.  <em>Joseph Smith here contradicts the doctrine that there has always been and will always be one God.  However, he does not say that there have always been many Gods.  Joseph Smith is saying here that the one, self-existent, uncreated God appeared in the meridian of time (that is, in the meridian of temporal creation) to become one God among many.  In other words, God became equal to us so we could become equal to God.  God achieves this equality by being physically embodied as a mortal and then as a resurrected being.</em>  Joseph Smith, in the tradition of <em>kataphatic mystics</em>, taught that the body is not an impediment to holiness; in fact, he went further by teaching that the embodied have power over the unembodied and that embodiment is an attribute of God,</font><a name="_ednref51"></a>[51]<font face="Times New Roman" size="3"> in short, that the physically resurrected are more advanced than those who are not.  Brigham Young explained that God obtained a body by being generated on earth as the mortal Jesus, neither by an immaculate conception nor by the Holy Ghost, but rather by means of sexual intercourse between the Virgin Mary and the resurrected Adam, who is Michael the archangel.  Young taught that Michael-Adam was Jesus’ literal father,</font><a name="_ednref52"></a>[52]<font size="3"><font face="Times New Roman">  a teaching that explains how Jesus, the Eternal God, the Father and Son of the Book of Mormon, can also be a separate and distinct person from the Father, Michael-Adam.  Thus, it is to Father Adam, the holder of the keys of the universe, to whom the mortal Jesus prayed.  It is Father Adam who introduced his son Jesus to Joseph Smith in the Sacred Grove, where the pre-mortal war in heaven was played out in miniature as Adam, in his role as St. Michael, ejected from that grove the fallen Lucifer, who had seized upon the 14-year-old farm boy, after which Jesus appeared to calm, comfort, call, and claim the prophet of the Restoration on that fateful spring morning of 1820.</font></font><a name="_ednref53"></a>[53]<font face="Times New Roman" size="3"> </font></p>
<p><font face="Times New Roman" size="3">On June 16, 1844, Joseph Smith delivered his very last sermon.  Its subject was the plurality of Gods.  In it, Joseph Smith cites scriptures to support his end-of-life revelation of a complex theo-angelism of which the Adam-God teaching was only a part—the concept of a single, self-existent Eternal God, who creates a universe in which lesser intelligences may be exalted into an innumerable company of deified angels,</font><a name="_ednref54"></a>[54]<font face="Times New Roman" size="3"> of “noble and great ones,” <a name="_ednref55"></a>[55] who exist not in hierarchy but in equality, not as a ladder of deities, but as a circle of prayer.  Near the end of this sermon Joseph Smith exclaims: “I believe those Gods that God reveals as Gods to be the sons of God.”</font><a name="_ednref56"></a>[56]<font face="Times New Roman" size="3"> </font></p>
<p><font face="Times New Roman" size="3">Joseph’s shifting among monotheism, patripassianism, dualism, trinitarianism, tritheism, henotheism, and polytheism reflects the theological proposition that the one God before time split into the polarities of male and female in order to disseminate and then exalt lesser intelligences to a godhead of plural deities.  Thus the perception of one, two, three, or many gods is each true in its own way.  Each may appeal to different people at different times for different reasons.  But these perceptions do not contradict the teaching of the Book of Mormon’s frontispiece that Jesus Christ is the Eternal God, the Father of heaven and earth, the initiator of space, time, and matter, a creation from a primal aspatial and atemporal dimension of singularity, a creation that makes possible cause and effect, progression, the polarities of existence, and all that lies above and below, within and without; these perceptions do not contradict the teaching of the Book of Mormon that Jesus Christ is also the Eternal God, the Son according to the flesh, who brings the divided universe back into unity by virtue of his self-giving, sacrificial love&#8211;<em>agape</em>.  On July 9, 1843, less than a year before his death, Joseph Smith reaffirmed the centrality, preeminence, and indispensability of Jesus Christ by equating the image of the Eternal God with the image of Jesus and then asserting that</font></p>
<blockquote><p><font face="Times New Roman" size="3">. . . through the atonement of Christ and the resurrection and obedience in the Gospel we shall again be conformed to the image of his Son Jesus Christ, then we shall have attained to the image glory and character of God. </font><a name="_ednref57"></a>[57]</p></blockquote>
<p><font face="Times New Roman" size="3">The idea that the One God becomes one among many perhaps seems pagan and incompatible with Christian orthodoxy; but, in my view, it is the summation of Christian theology.  God condescends by becoming an embodied Son to take up the cross and by becoming a disembodied daughter, a holy spirit, to brood over the bent world like a dove spiritually warming her chicks under her wings.  The Eternal joins us as Mother and Father as Son and Daughter to minister to us in our afflictions. </font><a name="_ednref58"></a>[58]<font size="3"><font face="Times New Roman">  Time does not permit an elucidation of how this theology neither excludes nor subordinates women but incorporates them as co-equals in the godhead,</font></font><a name="_ednref59"></a>[59]<font face="Times New Roman" size="3"> except to provide this illuminating statement of LDS apostle Erastus Snow made on March 3, 1878:  “[T]here never was a God, and there never will be in all the eternities, except they are made of these component parts; a man and a woman; the male and the female.”</font><a name="_ednref60"></a>[60]<font face="Times New Roman" size="3"> </font></p>
<p><font face="Times New Roman" size="3">In my view, Joseph Smith’s last discourses depict a God who not only abdicates, but <em>permanently</em> abdicates sovereignty, patriarchy and matriarchy, and assumes an enduring place as first in time among equals.  In St. Paul’s words, God descends below the angels to be crowned with them, not over them, with honor and glory.</font><a name="_ednref61"></a>[61]<font face="Times New Roman" size="3">  The Mormon prophet taught that God was prepared to suffer disempowerment so that we should be empowered, that with God’s stripes we should be healed,</font><a name="_ednref62"></a>[62]<font face="Times New Roman" size="3"> that in God’s death hierarchy should die, that in the resurrection not one God should arise but many, that the Highest should descend below all to comprehend all, to be in and through all,</font><a name="_ednref63"></a>[63]<font face="Times New Roman" size="3"> that God should never again be a monarch, but a king among kings, a queen among queens, a priest among priests, and a priestess among priestesses.</font><a name="_ednref64"></a>[64]<font size="3"><font face="Times New Roman">  This is why Jesus would not let the Jews make him their king.  It is why he washed the apostles’ feet and was crucified on Calvary between criminals of his tribe.  It is why he called as the first witnesses of his resurrection a band of women through whom his male disciples later received the news of Christ’s conquest over sin and death.  For it was God’s grand idea that for our sakes the all-knowing and unknowable should become known, that the divine should even endure diverse disembodiments and multiple mortalities and repeated resurrections, that the invulnerable should share our wounds, and that the tokens of his crucifixion should forever be engraved in the palms of his hands so that the redemption of souls should not rest on threats, or force, or terror, or violence, but on love alone—which is the laying down of one’s life and one’s power for one’s beloved.</font></font><a name="_ednref65"></a>[65]<font size="3"><font face="Times New Roman">  Most attractive to me of all Joseph Smith’s theologizing is that God so loved the world that God did not avoid it, but personally suffered the conflicts of freedom, the constraints of imperfection, and the consequences of iniquity.  </font></font></p>
<p><font face="Times New Roman" size="3">For this teaching alone I see Joseph Smith as the most luminous of the prophets.  These ideas not only informed his teachings, they were actually mirrored in the evolution of his leadership from an early lone prophet, to the first of two chief elders, to a triune First Presidency, and finally to becoming with his wife Emma the first couple among equals in a supreme council of anointed men and women.  True, a systematic theology was not his legacy, but he left something better—an unfinished symphony of doctrines his disciples could develop in exercise of the prophetic gift of seeing not the future, but endless potentialities.  As such, Mormon theology is neither nonsense nor fiat, but a progressive work of both mind and body.</font></p>
<p><font face="Times New Roman" size="3">Theologizing is imaging God.  Our images of God and godhead set the patterns for how we hold and use power; they shape the power structures influenced by them.  Fixed God images are dangerous idols.  But fluid theological imaging is as indispensable to the spirit as blood is to the body.  Theologizing illuminates personal understanding.  It frames cultural perceptions.  It demarks good and evil.  It breaks the barriers of our blindness and overleaps the limits of our perceptions of the possible.</font><a name="_ednref66"></a>[66]<font size="3"><font face="Times New Roman">  It leads to self knowledge.  Joseph Smith taught that, “if men do not comprehend the character of God, they do not comprehend themselves.”</font></font><a name="_ednref67"></a>[67]<font size="3"><font face="Times New Roman">  Any attempt to limit Mormon doctrine as exclusively monotheistic, or Trinitarian, or polytheistic constitutes a rejection of Joseph Smith as a prophet either in his early or in his later career and, consequently, serves as a denial of the divine authority of the Restoration.</font></font></p>
<p><font face="Times New Roman" size="3">No matter how authentic or complete they may seem, our mortal views of God can only be partial.  Even Joseph Smith, who beheld an anthropomorphic and embodied deity, claimed that God “defied all description.”</font><a name="_ednref68"></a>[68]<font size="3"><font face="Times New Roman">  This is so because God is not just an entity, but a being in process of becoming.  To know God must also be a process, requiring the discard of our worst and the adoption of the best we can imagine.  Joseph Smith engaged in this process, theologizing God as both new and everlasting, thus contradicting and confusing those who image God as static or demand a catechistic description of God to serve at all times, in all places, and for all purposes.  My own theologizing here is just such a process that draws partly upon sacred texts, partly on experience, partly on contemporaries’ thoughts, and partly on temperament and disposition.  LDS leaders and members alike no longer re-envision the divine, but opt instead for the simple and settled construct of presiding Father, sustaining Son, and obedient Holy Ghost, a construct that leaves unreconciled Joseph Smith’s various godhead statements while remaining potentially idolatrous despite the good will of its promoters.</font></font><a name="_ednref69"></a>[69]<font face="Times New Roman" size="3"> </font></p>
<p><font size="3"><font face="Times New Roman">I do not expect the LDS church to abandon this image.  What I hope for, perhaps in vain, is that the rising generation of Latter-day Saints may find the means to process alternate interpretations of Joseph Smith’s teachings to prevent Mormon doctrine from permanently hardening into corporate clichés that serve only to facilitate the continuing substitution of ecclesiastical control for the authentic authority of love, spirituality, intelligence, and sacrifice.  </font></font></p>
<p><font face="Times New Roman" size="3">Thank you for listening to me.</font></p>
<p><br clear="all" /></p>
<p align="center"><font face="Times New Roman" size="3">NOTES</font></p>
<div><font face="Times New Roman" size="3"><br />
<hr align="left" width="33%" size="1" /></font>      </p>
<div id="edn1"><a name="_edn1"></a>[1]<font face="Times New Roman" size="2"> D&#038;C 121:28; Margaret Toscano first used the title of this paper in a presentation she gave on August 6, 1992: “Whether There Be One God Or Many: Shifting Perspectives Of The Divine.”</font>      </p>
<p><a name="_edn2"></a>[2]<font face="Times New Roman" size="2"> MormonWiki.  “Jesus Christ.” <</font><a href="http://www.mormonwiki.com/Jesus_Christ"><font face="Times New Roman" size="2">http://www.mormonwiki.com/Jesus_Christ</font></a><font face="Times New Roman" size="2">>. </font></div>
<p><a name="_edn3"></a>[3]<font face="Times New Roman" size="2"> Conservapedia.  “The Book of Mormon.” <</font><a href="http://www.conservapedia.com/Book_of_Mormon"><font face="Times New Roman" size="2">http://www.conservapedia.com/Book_of_Mormon</font></a><font face="Times New Roman" size="2">>. </font></p>
<p><a name="_edn4"></a>[4]<font face="Times New Roman" size="2"> The Church of Jesus Christ of Latter-day Saints.  “The Restoration of Truth: God is your loving Heavenly Father.” <</font><a href="http://www.mormon.org/mormonorg/eng/basic-beliefs/the-restoration-of-truth/god-is-your-loving-heavenly-father"><font face="Times New Roman" size="2">http://www.mormon.org/mormonorg/eng/basic-beliefs/the-restoration-of-truth/god-is-your-loving-heavenly-father</font></a><font face="Times New Roman" size="2">>; see also, the subordination of Christ to the Father in the LDS Church’s official FAQ web page <</font><a href="http://www.mormon.org/mormonorg/eng/search-results?vgnextoid=ade8c2826b130110VgnVCM1000003a94610aRCRD&#038;locale=&#038;bucket=AllMormonorgContent&#038;query=Christ+prays+to+the+father"><font face="Times New Roman" size="2">http://www.mormon.org/mormonorg/eng/search-results?vgnextoid=ade8c2826b130110VgnVCM1000003a94610aRCRD&#038;locale=&#038;bucket=AllMormonorgContent&#038;query=Christ+prays+to+the+father</font></a><font face="Times New Roman" size="2">>.</font></p>
<div id="edn4">    </p>
<p><font size="2"><font face="Times New Roman">One of the reasons why conservative Protestants criticize Mormons as non-Christians stems from the LDS Church’s subordination of Christ to the Heavenly Father, a criticism that persists despite the contrary and good-faith efforts of such Mormon apologists as Robert Millet.  The difference between the Protestant and Mormon view of Christ, I think, arises upon the different metaphors upon which those views were originally predicated.  Protestants perfected their view of Christ in Europe, a view traceable back to the days of Constantine and culminating in the Renaissance and the Reformation when kingship was the dominant metaphor for leadership.  For Protestants, then, godhead was seen in terms of monarchy in which Christ (not the Father) is King.  Mormons, on the other hand, perfected their god concept in America, a culture that rejected kings and stressed self-reliance and family structure.  Thus, for Mormons, God is the father of the human family.  In such a family, it the Father who presides, while the firstborn Son assists.  Little or nothing is said about, or to, or even heard from any female divinities in this structure, for apparently females in heaven as on earth remain invisible as silent sustainers of presiding patriarchs.</font></font></p>
<p><a name="_edn5"></a>[5]<font face="Times New Roman" size="2"> MormonWiki.  “Godhead.”  <</font><a href="http://www.mormonwiki.com/Godhead"><font face="Times New Roman" size="2">http://www.mormonwiki.com/Godhead</font></a><font face="Times New Roman" size="2">>.  This is the explicit position of BYU religion professor and FARMS contributor Andrew Skinner argues that the Father has ever been presented in that text as a separate and superior deity to Jesus every time Christ is referred to there as the Son of God despite Mormon texts to the contrary the concept of a separate Father God is implied when Jesus is referred to there as the Son. Skinner, Andrew C. “The Doctrine of God the Father in the Book of Mormon,” in <em>The Book of Mormon: The Foundations of Our Faith</em>, Neal A. Maxwell Institute: Provo, UT, 2004. pp. 232-43.</font></div>
<p><a name="_edn6"></a>[6]<font size="2"><font face="Times New Roman"> See Vogel, Dan, “The Earliest Mormon Concept of God,” in <em>Line Upon Line: Essays on Mormon Doctrine,  </em>Gary Bergera, ed., Signature Books: Salt Lake City, 1989.  At footnote 47 of that essay, Vogel provides a list of scholars who have dealt with this problem:  “Thomas G. Alexander, &#8220;The Reconstruction of Mormon Doctrine: From Joseph Smith to Progressive Theology,&#8221; <em>Sunstone </em>5 (July-Aug. 1980): 25. See also Boyd Kirkland, &#8216;Jehovah as the Father: The Development of the Mormon Jehovah Doctrine,&#8221; <em>Sunstone </em>9 (Autumn 1984): 37; Kirkland, &#8220;Elohim and Jehovah in Mormonism and the Bible,&#8221; <em>Dialogue: A Journal of Mormon Thought </em>19 (Spring 1986): 77; Van Hale, &#8220;Trinitarianism and the Earliest Mormon Concept of God,&#8221; May 1983; and Gregory L. Kofford, &#8220;The First Vision: Doctrinal Development and Analysis,&#8221; 1988. Van Hale, for example, has noted that &#8220;doctrinal development . . . was not simply an adding to, or expanding of early ideas, but also the weeding out of inconsistencies and the refining of both thought and terminology&#8221; (p.13). Hale subsequently reconsidered his position on trinitarianism, stating that &#8220;Mormon doctrine has never been Trinitarian&#8221; (&#8220;Defining the Mormon Doctrine of Deity,&#8221; <em>Sunstone </em>10 [Jan. 1985]: 27). Re-edited versions of Alexander&#8217;s and Kirkland&#8217;s essays appear in the present compilation.” </font></font></p>
<p><a name="_edn7"></a>[7]<font face="Times New Roman" size="2"> Beginning in 1839—about the time he claimed to have acquired the Book of Abraham—Joseph Smith began developing Mormonism’s godhead teachings.  This development was an acceleration into tunnels of theological depth and complexity that left his bewildered listeners and followers in the semi-darkness of misreadings and misinterpretations and that have ineluctably led to the official simplifications that serve as near denials of what may well be Joseph Smith’s most important religious contributions.</font></p>
<p><a name="_edn8"></a>[8]<font face="Times New Roman" size="2">  My friend Fred Voros first made the argument that the King Follet discourse did not contradict the Book of Mormon with respect to the doctrine of salvation by grace in his presentation at the Seventh Annual Sunstone Symposium in 1985.  See, Voros, Jr. J. Frederic, “Was the Book of Mormon Buried With King Follet?” in <em>Sunstone, </em>Issue 58 (1987), p. 15.</font></p>
<div id="edn8"> </p>
<p><font face="Times New Roman" size="2">At the 1993 Sunstone Symposium, I presented a theological paper entitled “All Is Not Well In Zion: False Teachings of the True Church.”[8]  This paper contained a strong criticism of current LDS church teachings and was the principal evidence presented against me at the September 19, 1993, disciplinary council that resulted in my excommunication from the Church of Jesus Christ of Latter-day Saints.  In that paper I expressed the grave concern that in the LDS Church, Jesus, though worshipped, is not recognized as the Supreme Deity but is subordinated to a separate personage, the Heavenly Father, in the divine works of creation, redemption, and exaltation.  My worry then and now is that by emphasizing the Father over the Son, the church privileges patriarchal control over Messianic sacrifice, thus promoting power over love as the heart Mormon soteriology.  Despite my status as an excommunicant, I have continued to fret about this problem, remaining convinced that the LDS Church’s current god concept not only obscures the rich and complex teachings advanced by Joseph Smith, but diminishes the centrality and divinity of Jesus for the rising generation of Latter-day Saints.</font></p>
<p><a name="_edn9"></a>[9]<font face="Times New Roman" size="2"> I realize that my critique will probably sound hollow in the ears of mainstream members because it comes from a reputed apostate who should be ignored.</font></div>
<p><a name="_edn10"></a>[10]<font face="Times New Roman" size="2"> Smith, Joseph, <em>History of the Church, </em>Vol. IV, p. 461.</font></p>
<p><a name="_edn11"></a>[11]<font face="Times New Roman" size="2"> Book of Mormon, frontispiece.  See Honey, David B.  “The Secular as Sacred:  The Historiography of the Title Page.”  Provo, Utah: Maxwell Institute. 1994.  Brigham Young University. <</font><a href="http://farms.byu.edu/display.php?table=jbms&#038;id=50&#038;previous=L3B1YmxpY2F0aW9ucy9ib29rb2Ztb3Jtb252aWV3LnBocA"><font face="Times New Roman" size="2">http://farms.byu.edu/display.php?table=jbms&#038;id=50&#038;previous=L3B1YmxpY2F0aW9ucy9ib29rb2Ztb3Jtb252aWV3LnBocA</font></a><font face="Times New Roman" size="2">>.</font></p>
<p><a name="_edn12"></a>[12]<font size="2"><font face="Times New Roman">  See, Ford, Clyde D.  “Jesus and the Father. The Book of Mormon and Early Nineteenth-Century Debates on the Trinity,” in  <em>Dialogue: A Journal of Mormon Thought, </em>Dialogue Paperless E-Paper #6, May 5, 2007 at </font></font><a href="http://www.dialoguejournal.com/content/wp-content/uploads/2007/05/FordTrinity.pdf"><font face="Times New Roman" size="2">http://www.dialoguejournal.com/content/wp-content/uploads/2007/05/FordTrinity.pdf</font></a><font face="Times New Roman" size="2">  for a thorough listing of the statements of Jesus as “Father” and an excellent analysis of the Book of Mormon teaching on the godhead in an historical context.  See also, Taylor, Michael D.  “Is God One, Three or Many?” at </font><a href="http://www.biblenotes.org/Research%20Papers/Is%20God%20One.pdf"><font face="Times New Roman" size="2">http://www.biblenotes.org/Research%20Papers/Is%20God%20One.pdf</font></a><font face="Times New Roman" size="2"> . </font></p>
<div id="edn13"><a name="_edn13"></a><font size="2">[13]<font face="Times New Roman" size="2"> 1 Nephi 11:12-18 </font><a name="_edn14"></a>[14]<font face="Times New Roman" size="2"> This observation was first made by Margaret Toscano.  See generally Chapter 7, “Beyond Matriarchy, Beyond Patriarchy,” <em>Strangers</em>, pp. 71-97.   Janice Allred also presented the germ of this idea in a response given at a Sunstone Symposium.</font>    </p>
<div id="edn15"><a name="_edn15"></a><font size="2">[15]<font face="Times New Roman" size="2"> 2 Nephi 9:7</font>    </p>
<div id="edn16" />
<div><a name="_edn16"></a>[16]<font face="Times New Roman" size="2"> The Abinadi treatise continues: </font></div>
<blockquote><p><font face="Times New Roman">1         And now I say unto you, who shall declare his generation?  Behold, I say unto you, that when his soul has been made an offering for sin he shall see his seed.  And now what say ye? And who shall be his seed?<br />
</font><font face="Times New Roman">2         Behold I say unto you, that whosoever has heard the words of the prophets, yea, all the holy prophets who have prophesied concerning the coming of the Lord—I say unto you, that all those who have hearkened unto their words, and believed that the Lord would redeem his people, and have looked forward to that day for a remission of their sins, I say unto you, that these are his seed, or they are the heirs of the kingdom of God.<br />
</font><font face="Times New Roman">Emphasizing that God is not only the Father of all born corruptible, but more specifically the Father of those born of the spirit, incorruptible, the verses continue:<br />
</font><font face="Times New Roman">3         For these are they whose sins he has borne; these are they for whom he has died, to redeem them from their transgression.  And now, are they not his seed? <br />
</font><font face="Times New Roman">4         Yea, and are not the prophets, every one that has opened his mouth to prophesy, that has not fallen into transgression, I mean all the holy prophets ever since the world began? I say unto you that they are his seed.<br />
</font><font face="Times New Roman">Note that the text asserts that everyone who proclaims this concept of the divine nature is born again, a child and a prophet of the living God, who reigns because he not only creates but redeems his creation; not only gives life, but bestows eternal life.<br />
</font><font face="Times New Roman">5         And these are they who have published peace, who have brought good tidings of good, who have published salvation; and said unto Zion: Thy God reigneth!<br />
</font><font face="Times New Roman">6         And O how beautiful upon the mountains were their feet!<br />
</font><font face="Times New Roman">These verses declare that the feet of mortals so near to the earth are washed forever clean by God himself. <br />
</font><font face="Times New Roman">7         And again, how beautiful upon the mountains are the feet of those that are still publishing peace!<br />
</font><font face="Times New Roman">8         And again, how beautiful upon the mountains are the feet of those who shall hereafter publish peace, yea, from this time henceforth and forever! <br />
</font><font face="Times New Roman">9         And behold, I say unto you, this is not all.  For O how beautiful upon the mountains are the feet of him that bringeth good tidings, that is the founder of peace, yea, even the Lord, who has redeemed his people; yea, him who has granted salvation unto his people;<br />
</font><font face="Times New Roman">10     For were it not for the redemption which he hath made for his people, which was prepared from the foundation of the world, I say unto you, were it not for this, all mankind must have perished.<br />
</font><font face="Times New Roman">The personage credited with the salvation of creation is not the Father of creation, but the, Son, who is, paradoxically, the Father of the redemption.  It is not the creative patriarchy of the Father that has primary claim upon the allegiance of the Saints, but the messianic re-creation of the Son.  In this complex theology, the Father of creation becomes the beneficiary of the Son’s redemption; while the Son of creation becomes the Father of the resurrection, the redemption, and of exaltation and eternal life.<br />
</font><font face="Times New Roman">11     But behold, the bands of death shall be broken, and the Son reigneth, and hath power over the dead; therefore, he bringeth to pass the resurrection of the dead. <br />
</font><font face="Times New Roman">12     And there cometh a resurrection, even a first resurrection; yea, even a resurrection of those that have been and who are, and who shall be, even until the resurrection of Christ—for so shall he be called. <br />
</font><font face="Times New Roman">13     And now, the resurrection of all the prophets, and all those that have believed in their words, or all those that have kept the commandments of God shall come forth in the first resurrection; therefore, they are the first resurrection.<br />
</font><font face="Times New Roman">Note that in this text, keeping the commandments of God is equated with believing in this concept of God’s divine and mutually reciprocal work as Father and Son.<br />
</font><font face="Times New Roman">14     They are raised to dwell with God who has redeemed them; thus they have eternal life through Christ, who has broken the bands of death.<br />
</font><font face="Times New Roman">Note too the redemption is attributed not to Father, but to the Messiah, the anointed one, the Christ, the Son.  The concluding verses emphasize the reach of Christ’s atonement back to the beginning of time and forward into the eternities:<br />
</font><font face="Times New Roman">15     And these are those who have part in the first resurrection; and these are they that have died before Christ came, in their ignorance, not having salvation declared unto them.  And thus the Lord bringeth about the restoration of these; and they have part in the first resurrection, or have eternal life, being redeemed by the Lord.<br />
</font><font face="Times New Roman">The treatise goes on to assure its readers of the salvation of little children:<br />
</font><font face="Times New Roman">16     And little children also have eternal life.<br />
</font><font face="Times New Roman">But the text places clear limits on the power of God to save those who exercise their free will to reject the grace of God, a tacit acknowledgment of the independent co-existence of living beings with independent power to invoke the everlasting NO in the face of God’s offer of salvation.<br />
</font><font face="Times New Roman">17     But behold, and fear, and tremble before God, for ye ought to tremble; for the Lord redeemeth none such that rebel against him and die in their sins; yea, even all those that have perished in their sins ever since the world began, that have willfully rebelled against God, that have known the commandments of God, and would not keep them; these are they that have no part in the first resurrection.<br />
</font><font face="Times New Roman">18     Therefore ought ye not to tremble? For salvation cometh to none such; for the Lord hath redeemed none such; yea, neither can the Lord redeem such; for he cannot deny himself; for he cannot deny justice when it has its claim.<br />
</font><font face="Times New Roman">This concept of God, as Father and Son, and its implications for Christian salvation is predicted in the text not to be the dominant and accepted view even among the followers of Christ, but a view that shall eventually come to be accepted by them in a day when the servants of God come to see eye to eye in publishing the peace of God unto the ends of the earth.<br />
</font><font face="Times New Roman">19     And now I say unto you that the time shall come that the salvation of the Lord shall be declared to every nation, kindred, tongue, and people.<br />
</font><font face="Times New Roman">20     Yea, Lord, thy watchmen shall lift up their voice; with the voice together shall they sing; for they shall see eye to eye, when the Lord shall bring again Zion.<br />
</font><font face="Times New Roman">21     Break forth into joy, sing together, ye waste places of Jerusalem; for the Lord hath comforted this people, he hath redeemed Jerusalem.<br />
</font><font face="Times New Roman" size="2">The Lord hath made bare his holy arm in the eyes of all the nations; and all the ends of the earth shall see the salvation of our God. Mosiah 15:1.</font></p></blockquote>
<div><a name="_edn17"></a>[17]<font size="2"><font face="Times New Roman">  Ether 3:14.</font></font></div>
<p><a name="_edn18"></a>[18]<font face="Times New Roman" size="2"> See for example, 1 Ne. 11:13-21; Ether 2:12;  Mosiah 3:11, 15-16; He. 14:12; Alma 11:28-29, 38-39.</font></p>
<p><a name="_edn19"></a>[19]<font face="Times New Roman" size="2"> Alma 14:15; 3 Ne. 17:13-14; 26: 5.</font></p>
<div id="edn20"><a name="_edn20"></a><font size="2">[20]<font face="Times New Roman" size="2"> 3 Nephi: 15:13-24.</font>    </p>
<div id="edn21" />
<div><a name="_edn21"></a><font size="2">[21]<font size="2"><font face="Times New Roman">  3 Nephi 19:18.</font></font><a name="_edn22"></a>[22]<font size="2"><font face="Times New Roman">  3 Nephi 19:19-20.</font></font>     </p>
<p><a name="_edn23"></a>[23]<font face="Times New Roman" size="2"> John 17.</font></p>
<p><a name="_edn24"></a>[24]<font size="2"><font face="Times New Roman">  3 Nephi 19:23.</font></font></p>
<p><a name="_edn25"></a>[25]<font size="2"><font face="Times New Roman">  3 Nephi 19: 30.</font></font></p>
<div id="edn26"><a name="_edn26"></a>[26]<font face="Times New Roman" size="2"> 3 Nephi 1:14. </font>  </div>
<div id="edn27"> </p>
<p><a name="_edn26"></a>[27]<font face="Times New Roman" size="2"> 3 Nephi 11:27.</font></p>
<p><a name="_edn28"></a>[28]<font face="Times New Roman"><font size="3"> </font>The 1832 non-scriptural account of this vision reads, in pertinent part, as follows:</font><font face="Times New Roman"> </font>  </div>
<blockquote><p><font face="Times New Roman"> . . . I cried unto the Lord for mercy for there was none else to whom I could go and <s>to</s> obtain mercy and the Lord heard my cry in the wilderne=ss and while in attitude of calling upon the Lord th year of my age> a pillar of <s>fire</s> light above the brightness of the sun at noon day come down from above and rested upon me and I was filled with the spirit of God and the opened the heavens upon me and I saw the Lord and he spake unto me saying Joseph thy sins are forgiven thee . . .  </font><font face="Times New Roman">Smith, Joseph, <em>The Personal Writings of Joseph Smith. </em>Jesse, Dean C., compiler and editor.  Deseret Book Co.: Salt Lake City, 1984, p. 6 (hereinafter <em>Personal Writings of Joseph Smith </em>followed by the page number).</font></p></blockquote>
<p><a name="_edn29"></a>[29]<font face="Times New Roman"><font size="3"> </font>The 1835 non-canonical version of this vision reads, in pertinent part:<br />
</font></p>
<blockquote><p><font face="Times New Roman" size="2">I retired to the silent grove and bowe[e]d down before the Lord, under a realizing sense that he had said (if the bible be true) ask and you shall receive knock and it shall be opened seek and you shall find and again, if any man lack wisdom let him ask of God who giveth to all men libar=ally and upbradeth not; information was what I most desired at this time, and with a fixed determination to obtain it, I called upon the Lord for he first time, in the place above stated or in other words I made a fruitless attempt to p[r]ay, my toung seemed to be sweln in my mouth, so that I could not utter, I heard a noise behind me like some person walking towards me, I strove again to pray, but could not, the noise of walking seem=ed to draw nearer, I sprung up on my feet, <s>and </s>[p. 23] and looked around, but saw no person or thing that was calculated to produce the noise of wal=king, I kneeled again my mouth was opened and my toung liberated, and I called on the Lord in mighty prayer, a pillar of fire appeared above my head, it presently rested down upon me <s>head</s>, and filled me with Joy unspeakable, a personage appeared in the midst of this pillar of flame which was spread all around, and yet nothing consumed, another personage soon appeared like unto the first, he said unto me thy sins are forgiven thee, he testified unto me that Jesus Christ is the Son of God;   I was about 14 years old when I received this first communication. </font><font size="2"><font face="Times New Roman"><em>Personal Writings of Joseph Smith</em>, pp. 75-76.</font></font></p></blockquote>
<p><a name="_edn30"></a>[30]<font face="Times New Roman"><font size="3"> </font>The 1838 canonical version of this vision reads as follows:<br />
</font></p>
<blockquote><p><font face="Times New Roman" size="2">After I had retired into the place where I had previously designed to go, having looked around me and finding myself alone, I kneeled down and began to offer up the desires of my heart to God, I had scarcely done so, when immediately I was upon by some power which entirely overcame me as to bind my tongue so that I could not speak.  Thick darkness gathered around me and it seemed to me for a time as if I were doomed to sudden destruction.  But exerting all my powers to call upon God to de=liver me out of the power of this enemy which had seized upon me, and at the very moment when I was ready to sink into despair and abandon myself to destruction, not to an im=aginary ruin but to the power of some actual being from the unseen world who had such a marvelous power as I had never before felt in any being.  Just at this moment of great alarm I saw a pillar light exactly over my head above the brightness of the sun, which descended <s>gracefully</s> gradually until it fell upon me.  It no sooner appeared than I found myself delivered from the enemy which held me bound. When the light rested upon me I saw two personages (whose brightness and glory defy all description) standing above me in the air.  One of spake unto me calling me by name and said (pointing to the other) &#8216;This is my beloved Son, Hear him. &#8216;&#8221; </font><font size="2"><font face="Times New Roman"><em>Personal Writings of Joseph Smith</em>, pp. 199-200.</font></font></p></blockquote>
<p><a name="_edn31"></a>[31]<font face="Times New Roman"><font size="3"> </font>The 1842 non-scriptural version of this vision states:<br />
</font></p>
<blockquote><p><font face="Times New Roman" size="2">I retired to a secret place in a grove and began to call upon the Lord, while fervently engaged in supplication my mind was taken away from the objects with which I was surrounded, and I was enwrapped in a [p. 706] heavenly vision and saw two glorious personages who exactly resembled each other in features, and likeness, surrounded with a brilliant light which eclipsed the sun at noon-day.  They told me that all religious denominations were believing in incorrect doctrines, and that none of them was acknowledged of God as his church and kingdom.  And I was expressly commanded to “go not after them,” at the same time receiving a promise that the fullness of the gospel should at some future time be made known unto me.  </font><font size="2"><font face="Times New Roman"><em>Personal Writings of Joseph Smith. </em>P. 213.</font></font></p></blockquote>
<div><a name="_edn32"></a>[32]<font face="Times New Roman" size="2"> D&#038;C 130:22.</font></div>
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<div id="edn33" />
<div><a name="_edn33"></a><font size="2">[33]<font face="Times New Roman" size="2"> Smith, Joseph, “June 16, 1844 discourse” in Ehat, Andrew and Lyndon Cook, eds., <em>The Words of Joseph Smith </em>(hereinafter <em>Words</em>), Religious Studies Center: Brigham Young University, 1980, p. 378.</font><a name="_edn34"></a>[34]<font face="Times New Roman" size="2"> Lectures on Faith, Lecture 5.</font>     </p>
<p><a name="_edn35"></a>[35]<font face="Times New Roman" size="2"> Abraham  H. Cannon Journal, dated 25 August 1980, LDS Church archives.</font></p>
<p><a name="_edn36"></a>[36]<font face="Times New Roman"><font size="3"> </font>See generally, Pearl of Great Price, Book of Abraham, Chapter 4. <br />
</font><font face="Times New Roman">Further complicating this picture is the Pearl of Great Price, Book of Moses passage in which the antediluvian prophet Enoch is presented as addressing God and referring to this deity variously as Father and Son: </font><font face="Times New Roman"> </font></p>
<blockquote><p><font face="Times New Roman">And again Enoch wept and cried unto the Lord, saying:  When shall the earth rest? And Enoch beheld the Son of Man ascend up unto the Father, and he called unto the Lord, saying:  Wilt thou not come again upon the earth?  Forasmuch as thou art God and I know thee, and thou hast sworn unto me and commanded me that I should ask in the name of thine Only Begotten; thou hast made me, and given unto me a right to thy throne, and not of myself, but through thine own grace; wherefore, I ask thee if thou wilt not come again on the earth.”[36] (Moses 7: 58-59). </font></p>
<p><font face="Times New Roman" size="2">Because Enoch asks God if he will “not come again on the earth,” we assume he is speaking to Jesus, the Son of Man.  Yet, Enoch says to Jesus, “Thou art God.”  After this, Enoch says: “Thou hast sworn unto me and commanded me that I should ask in the name of thine Only Begotten.”  Is Enoch now talking to Jesus or the Father in the name of the “Only Begotten?”  Then, in the last sentence of this passage Enoch says: “thou hast made me, and given unto me a right to thy throne, and not of myself, but through thine own grace; wherefore, I ask thee if thou wilt not come again on the earth.”  These words suggest that Enoch is addressing Jesus again.  These passages seem to lend no clarity at all to the Mormon godhead picture.</font></p></blockquote>
<p><a name="_edn37"></a>[37]<font face="Times New Roman" size="2"> Smith, Joseph, “The Prophet’s Address to the Twelve,” in <em>Teachings of the Prophet Joseph Smith </em>(hereinafter “<em>Teachings</em>”), Smith, Joseph Fielding, Jr., ed., Deseret Book Company: Salt Lake City, 1964, p. 157. </font></p>
<div><a name="_edn38"></a><font size="2">[38]<font face="Times New Roman" size="2"> Abraham 3: 24-28</font></font><font size="2"><a name="_edn39"></a>[39]<font face="Times New Roman" size="2"> Rev. 12:7-12.</font></font><font size="2"> </font><font size="2"><font size="2" /><font size="2"><font size="2" /></font></font><font size="2"><font size="2"><font size="2"> </font></font></font></div>
<div><font size="2"><font size="2"><font size="2"></p>
<div id="edn40"><a name="_edn40"></a><font size="2">[40]<font face="Times New Roman" size="2"> <em>Words, </em>pp. 331-32.</font><a name="_edn41"></a>[41]<font size="2"><font face="Times New Roman"> <em>Ain-sof </em>(also, <em>ein-sof </em>or <em>eyn-sof) </em>is an expression found in the Kabbalah usually taken to refer to the uncreated, self-existing Supreme Being.  There are several Internet articles that discuss this at the following URLs: “Kabbalah” at  </font></font><a href="http://reluctant-messenger.com/citsym/kabbalah.htm"><font face="Times New Roman" size="2">http://reluctant-messenger.com/citsym/kabbalah.htm</font></a><font face="Times New Roman" size="2"> ; Ariel, David S. “The Mystic Quest,” at </font><a href="http://magdelene.wordpress.com/2007/09/21/ain-sof/"><font face="Times New Roman" size="2">http://magdelene.wordpress.com/2007/09/21/ain-sof/</font></a><font face="Times New Roman" size="2"> ; ”<em>Ein-sof</em>” in Wikipedia at </font><a href="http://en.wikipedia.org/wiki/Ein_Sof_(Kabbalah)"><font face="Times New Roman" size="2">http://en.wikipedia.org/wiki/Ein_Sof_(Kabbalah)</font></a><font face="Times New Roman" size="2"> .</font>     </p>
<p><a name="_edn42"></a>[42]<font face="Times New Roman" size="2"> Moses 1:39.</font></p>
<p><a name="_edn43"></a>[43]<font face="Times New Roman" size="2"> Gen. 22:15</font></p>
<p><a name="_edn44"></a>[44]<font face="Times New Roman" size="2"> D&#038;C 107:3-4</font></p>
<div id="edn45"><a name="_edn45"></a>[45]<font face="Times New Roman"><font size="3"> </font>We say that God himself is a self-existent being. . . . It is correct enough; but how did it get into your heads?  Who told you that man did not exist in like manner upon the same principles?  Man does exist upon the same principles. God made a tabernacle and put a spirit into it, and it became a living soul. . . . It does not say in the Hebrew that God created the spirit of man.  It says “God made man out of the earth and put into him Adam’s spirit, and so became a living body.  <em>Teachings</em>, pp. 353.</font><a name="_edn46"></a>[46]<font face="Times New Roman" size="2"> <em>Teachings</em>, p. 354.</font></div>
<p><a name="_edn47"></a>[47]<font face="Times New Roman" size="2"> <em>Teachings</em>, p. 345.</font></p>
<div id="edn48"><a name="_edn47"></a>[48]<font face="Times New Roman" size="2"> <em>Teachings</em>, p. 346.</font><a name="_edn49"></a>[49]<font size="2"><font face="Times New Roman">  <em>Teachings, </em>pp. 347-348.</font></font></div>
<p><a name="_edn50"></a>[50]<font size="2"><font face="Times New Roman"> <em>Id.</em></font></font></p>
<p><a name="_edn51"></a>[51]<font face="Times New Roman" size="2"> See “cataphatic” at </font><a href="http://en.wikipedia.org/wiki/Cataphatic"><font face="Times New Roman" size="2">http://en.wikipedia.org/wiki/Cataphatic</font></a><font face="Times New Roman" size="2"> </font></p>
<p><a name="_edn52"></a>[52]<font face="Times New Roman" size="2"> Journal of Discourses Vol 1:51.</font></p>
<p><a name="_edn53"></a>[53]<font face="Times New Roman" size="2"> D&#038;C 128:20</font></p>
<p><a name="_edn54"></a>[54]<font face="Times New Roman" size="2"> Heb. 12:22; Rev. 7: 2-10.</font></p>
<p><a name="_edn55"></a>[55]<font face="Times New Roman" size="2"> See generally, Abraham 3</font></p>
<p><a name="_edn56"></a>[56]<font face="Times New Roman" size="2"> <em>Teachings, </em>p. 374.</font></p>
<div id="edn57"><a name="_edn57"></a>[57]<font face="Times New Roman" size="2"> <em>Words</em>, p. 231.  Two discourses contain statements that seem, even on repeated readings, to obliterate the Book of Mormon revelation of Christ as both Father and Son.  These are the King Follett funeral sermon delivered by Joseph Smith on April 7<sup>, </sup>1844, and the June 16<sup>th</sup> discourse of that same year.  In these discourses, Joseph Smith advances the notion that every son has a father, and every father was once a son.  He uses this idea to explain that God, who was once a man, became God by the process of progression and that humans may obtain the fullness of God’s glory in the same way by accepting the creation, the redemption, and the exaltation offered by God, and rising from mortality into eternal life. Eternal progression is the means by which lesser uncreated intelligences may be expanded until they are filled with the glory of God, such that they are fully in the Father and the Father fully in them.  In these teachings there lies a contradiction.  The notion of an infinite hierarchy of increasingly powerful and authoritative presiding “fathers,” including the Father of Jesus Christ, and the notion that Jesus would follow in the footsteps of his divine, exalted father directly contradict the notion that Jesus is the Supreme Being, and support the notion that the godhead is indeed constituted by a superior exalted divine Father, and his subordinate but nearly equally powerful Son, Jesus Christ—a godhead that is extremely appealing to a hierarchical, patriarchal corporate church. The vision of an eternal chain of command was both reinforced and contradicted by Joseph Smith in his use of two images to describe eternal progression—the image of a ladder and the image of a ring.  The image of the ladder expresses the notion of an open and endless hierarchy of divine beings; the image of the ring expresses the notion of a closed council of such beings. These last expressions of Joseph Smith must be understood in the context of his insistence in these discourses, first, that God is self-existent being; second, that the self-existent or “head God” called a council of noble and great intelligences to plan the development of lesser intelligences; third, that God is a being of everlasting burnings; and fourth, that Christ, the Maker in whom the fullness of the Godhead dwelled bodily, permanently abdicated his sovereignty, his fatherhood, and his supremacy to become one among equals.</font></div>
<div id="edn58" />
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<div><a name="_edn58"></a>[58]<font size="2"><font face="Times New Roman">    This heterodox god concept, I believe,  was advanced by Joseph Smith as a corrective to the damaging effects of  theology apparent in the 19<sup>th</sup> century, by which time the religions of Judaism, Christianity, and Islam had been thoroughly infected with both racism and misogyny.  In America, Genesis 9:25-27 was used to justify the enslavement of blacks in an oppressive legal system supported by the U.S. Constitution.  Women were considered property and could not themselves own property in their own names in many jurisdictions; and of course they were denied the right to vote everywhere until 1893, when Colorado became the first state to adopt an amendment granting women the right to vote.  Throughout the 19<sup>th</sup> and most of the 20<sup>th</sup> centuries, wives were considered legal derivatives of their husbands despite the fact that powerful women found ways of side-stepping patriarchy and in some cases exerted power over men apart from the settled legal and social norms that relegated the women to second class citizenship.  Joseph Smith’s theology served, at least as originally preached, as a corrective to those religious teachings that fortified or indulged systemic cultural power abuses.   Of course, these ideas, though still present in Mormon texts, have all but been abandoned by the LDS church, which camouflages its own radical origins in a conservative vanilla wrapping that repudiates most of what Joseph Smith preached between 1839 and 1844&#8211;namely that Jesus was God, that God was once a man, that God is a self-existent being, that God as creator did not act alone, that God called divine angels to participate in the creation, that these divinities are metaphysically and spiritually connected and dwell in a sea of everlasting burnings, but that God tread alone the oil press of Gethsemane to bring to pass the immortality and eternal life of humanity by surrendering the fullness of his glory to bring into oneness a universe in tatters, and that the this same God now infuses a cosmos cradled in the loving care of a divine council of angelic deities in whom the fullness of the godhead dwells bodily, deities who assist inferior intelligences to progress to unity with this godhead as suggested in the New Testament passage attributed to the apostle John:  “Beloved, now we are the sons of God, and it doth not yet appear what we shall be; but we know that, when he shall appear, we shall be like him; for we shall see him as he is” (1 John 3:2).</font></font></div>
<div /><font size="2"><font face="Times New Roman"> </font></font></font></div>
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<div><a name="_edn59"></a>[59]<font size="2"><font face="Times New Roman">  See generally, <em>Strangers in Paradox</em>, Part II Godhead.</font></font>    </div>
<p> </p>
<p></font></font><font face="Times New Roman" size="2"><font face="Times New Roman" size="2"><font face="Times New Roman" size="2"><a name="_edn60"></a>[60]<font face="Times New Roman" size="2"> <em>Journal of Discourses </em>19:270.</font></font></font></font></font><font face="Times New Roman" size="2"><font face="Times New Roman" size="2"><font face="Times New Roman" size="2"><font face="Times New Roman" size="2"><font face="Times New Roman" size="2"><font face="Times New Roman" size="2"> </font></font></font></font></font></font><font face="Times New Roman" size="2"><font face="Times New Roman" size="2"><font face="Times New Roman" size="2"><font face="Times New Roman" size="2"><font face="Times New Roman" size="2"><font face="Times New Roman" size="2"></p>
<div id="edn60"> </p>
<p><a name="_edn61"></a>[61]<font face="Times New Roman" size="2"> Heb. 2:7</font></div>
<div><a name="_edn62"></a>[62]<font face="Times New Roman" size="2"> Isaiah 53:5</font></div>
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<div><a name="_edn62"></a>[63]<font face="Times New Roman" size="2"> D&#038;C 88:6</font></div>
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<div><a name="_edn64"></a>[64]<font face="Times New Roman" size="2"> Revelation 12:1-17.</font></div>
<p><a name="_edn65"></a>[65]<font size="2"><font face="Times New Roman">  John 15:13.</font></font></p>
<p><a name="_edn66"></a>[66]<font face="Times New Roman" size="2"> I understand that, in the last 164 years, LDS church leaders have not reconciled the doctrine discrepancies Joseph Smith’s godhead teachings. They do not address this subject.  They bear testimony of their belief in God and Christ without explanation or exegesis.  This is as it should be.  It is perhaps a bad idea for church leaders to address doctrines of this nature because their authority would give too much weight to their opinions.  It is better for this kind of idea to be advanced without authority by people like us.  That way it can float about without any requirement that anyone believe it.  If it is false, it will be forgotten.  If it is true, it cannot be repressed.</font></p>
<p><a name="_edn67"></a>[67]<font face="Times New Roman" size="2"> <em>Teachings</em>, p. 343.</font></p>
<p><a name="_edn68"></a>[68]<font face="Times New Roman" size="2"> Pearl of Great Price, Joseph Smith 1:17.</font></p>
<div><a name="_edn69"></a>[69]<font face="Times New Roman" size="2"> It is my contention that priesthood authority was not restored in the Mormon movement to provide a leadership chain of command by which leaders can manage the saints. Rather, the priesthood was restored so that the fullness of the ordinances could be administered through which the spirit of God could be conferred and endowed upon individual members so they could be born again into the spiritual family of Jesus Christ and mature in the fruits and gifts of the spirit, and in due course be raised to joint heirship with Christ. This difference in perception of the gospel is stark. The predominant LDS view of the gospel is legalistic and emphasizes outward conformity; the scriptural view emphasizes inward spiritual transformation.  God requires obedience to the ordinances and to the spirit not to a priesthood chain of command. The teaching of scripture is that the spirit of God rather than church authorities will lead the reborn into all truth.</font></div>
<div>      <font face="Times New Roman">Obviously, this means that the church itself must tolerate a membership at various levels of spiritual maturity and doctrinal understanding, which is why erring in doctrine should not be a basis for excommunication unless it is coupled with an act or pattern of action that can be shown to pose an immediate danger to the physical lives or property of the church or its members.  Doctrinal disagreements and even conflict do not pose this immediate danger. It is necessary to the exercise of free agency. It is part of spiritual maturation, and should not be a basis for marginalizing or excluding members.  My concerns about the centrality of Christ as Father and Son in the godhead is part of my larger and more serious concern that a gospel of legalism is too often presented in LDS discourse over a gospel of spiritual regeneration.<br />
</font><font face="Times New Roman">The LDS church preference for legalism is manifest whenever church leaders insist on measurable obedience to the outward commandments of the church rather than on the less measurable development of inward spirituality through regeneration and spiritual growth.  My complaint has never been that the church is untrue or that church leaders are unauthorized. My complaint, which I have maintained for nearly thirty years, is that priesthood authority is too often employed in the church to promote a legalistic interpretation of the gospel and a concomitant de-emphasis on the supremacy and centrality of Jesus Christ in the godhead and of the subordination of his soteriology of sacrifice to a concept of salvation by the accumulation of priestly power. It is this criticism, I believe, that was the basis for my excommunication.<br />
</font><font face="Times New Roman">      Though the church may teach that Jesus takes a principal role in the creation and is the savior of it, it also stresses that the Father and the Son are two separate beings and that Jesus, as the second person of the godhead, is subordinate to the Father. The church does not teach that Joseph Smith revealed a number of different and even contradictory godhead concepts including the doctrine of Mosiah 15 that the Father and the Son are the same person, namely, Jesus Christ. These various godhead concepts rather than being left open to consideration and reflection have been discarded in the interest of closure and certainty (which I believe is unjustified) and replaced by the current dominant view of the godhead as a patriarchal hierarchy, which unfortunately can be and has been used to fortify authoritarianism.<br />
</font><font face="Times New Roman">I understand that in Mormon theology, Jesus is said to have voluntarily made an infinite atonement. I am not saying that Mormons believe that Jesus was forced by the Father to sacrifice himself. I am merely restating what the Abinadi text advances: that “God himself” would sacrifice himself to redeem his creation and that this Book of Mormon doctrine was never abandoned by Joseph Smith.  I stress this point because, I believe, it represents a model for us that centers salvation upon personal sacrifice rather than the sacrifice of others.  It is, therefore, important to stress that God relinquished power to empower his creatures.  The other model (that God the Father did not sacrifice, but that God the Son, a separate and subordinate deity did sacrifice voluntarily) establishes a model that reinforces coercion and implies that no sacrifice is required of the highest power to empower others. This is a dangerous model that justifies power abuse and contradicts the teaching of Jesus that the greatest of all is the servant of all, and he that loses his life shall find it.</font></div>
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		<title>Debtor&#8217;s Plights, Creditor&#8217;s Rights, and A Lawyer&#8217;s Lament</title>
		<link>http://www.paultoscano.com/?p=33</link>
		<comments>http://www.paultoscano.com/?p=33#comments</comments>
		<pubDate>Sat, 15 Dec 2007 17:38:05 +0000</pubDate>
		<dc:creator>Paul Toscano</dc:creator>
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		<guid isPermaLink="false">http://www.paultoscano.com/?p=33</guid>
		<description><![CDATA[            Part I: Debtors’ Plights –a melancholy assessment in the mode statistical
 
In Utah, as elsewhere, poverty is measured by statistics that compare the gross income levels of households.  The average household in Utah consists of about 3.12 individuals – a statistic that may surprise some of you.  More surprising still, there are several different, legitimate [...]]]></description>
			<content:encoded><![CDATA[<p><font face="Times New Roman" size="3"><font size="3"><font face="Times New Roman">            <strong><u>Part I: Debtors’ Plights –a melancholy assessment in the mode statistical<br />
</u></strong></font></font><font size="3"><font face="Times New Roman"><strong> </strong></font></font></font></p>
<p><font face="Times New Roman" size="3"><font size="3"><font face="Times New Roman">In Utah, as elsewhere, poverty is measured by statistics that compare the gross income levels of households.  The average household in Utah consists of about 3.12 individuals – a statistic that may surprise some of you.  More surprising still, there are several different, legitimate methods employed to measure poverty and to set the poverty income level, each of which yields a different percentage of poor people in the State.</font></font><a name="_ednref1"></a>[1]<font face="Times New Roman" size="3"> </font></font><font face="Times New Roman" size="3"><font face="Times New Roman" size="3">The most oft-reported poverty statistic in Utah is based on 2 times the Federal Poverty Level for a family of 3.  In 2006, this gross annual income threshold was $32,158.  This method yields the lowest poverty income level and, and therefore, the lowest number of household living in poverty in the various counties of the State.</font><a name="_ednref2"></a>[2]<font size="3"><font face="Times New Roman">   This is the method used to arrive at the statistic that 10.2% of Utah’s population (that is, 203,000 individual Utahns) lived in poverty in year 2004.  </font></font></font><font face="Times New Roman" size="3"><font face="Times New Roman" size="3">To put this standard in perspective, these 203,000 Utahns living in poverty lived on less money annually than a person with average income in Poland, Hungary, the Czech Republic, Mexico, St. Kitts and Nevis, Trinidad and Tobago, the Seychelles, Palau, or Oman.  These Utahns lived on less than one-half the average income of an individual living in Saudi Arabia, Antigua, Barbados, Malta, Slovenia, Portugal, Bahrain, South Korea, or Greece.</font></font><font face="Times New Roman" size="3"><font face="Times New Roman" size="3">However, the 200% of federal poverty level income of $32,158 for a family of 3 in Utah is 77% of what such a household actually requires for self-sufficiency.  According to a much more accurate standard developed by non-profit research organizations that set poverty on the basis of all necessary family expenses, excluding education and health care costs, approximately 42% of Utah’s population (or 918,959 individual Utahns) lived in functional poverty in year 2004, a percentage that is increasing.  I checked this figure with an economist at Utah Issues because it seemed incredible.  In verifying it to me, she stated that it is not usually published because it is too negative, and its publication might result in the Utah Issues<em> </em>project being criticized or even discontinued.</font></p>
<p><font face="Times New Roman" size="3">This melancholy picture gets even grimmer:  According to the 2004 Utah Poverty Report published by Utah Issues, Utahns carry the 14<sup>th</sup> highest tax burden in the country.  Nearly 7,900 Utah children were reported homeless in years 2003-2004.  Approximately 80,000 Utah children live without health care.  Around 470,000 Utah students qualify for free or discounted school lunch.  The average wait for public housing in Utah is extremely long; in Davis County, for example, it is about 36 months.  The dollar caps on the household goods and furnishings exemption in Utah has not been raised in my memory; and no effort has been made by Utah’s legislature to tie that cap to cost of living increases or to inflation—so the exemption remains fixed at $500 per person.  As you all know, the cost to the poor for bankruptcy relief has dramatically increased since the 2005 bankruptcy amendments became effective. </font></p>
<p><font face="Times New Roman" size="3">I make this somber statistical assessment in order to explain why Utah has been, historically, a bankruptcy case frequent filer state and also to point out the connection between bankruptcy and poverty, a connection that rarely gets mentioned in newspaper reports about bankruptcy statistics.  Also, I mean to suggest that the poverty context in which creditor abuses occur makes those abuses all the more sinister and reprehensible.  I will now move from this melancholy assessment in the mode statistical to the next section of my presentation.</font></p>
<p><strong><u><font size="3"><font face="Times New Roman">Part II: Creditors’ Rights – a sanguine report in the mode ironical<br />
</font></font></u></strong><font size="3"><font face="Times New Roman"> </font></font></p>
<p><font size="3"><font face="Times New Roman">You should have received my handout the compares the actual Bill of Rights to my fictitious and facetious Creditors’ Bill of Rights—a whimsical notion that seemed funny to me at the time I drafted it, but strikes me as less so now.  Consumer debtors’ counsel may find it mildly amusing.  The rest of you should season your irritation about it with as many grains of salt as your tastes require.  </font></font></p>
<p><font face="Times New Roman" size="3">In the words of comedian, Bill Maher, “I kid the creditors.”  They are no more responsible for being predators than are “preying mantises.”  What consumers and their lawyers see as abuses are merely creditors’ rights—contractual rights, the rights of money-lenders in a free and increasingly unregulated market.  I will now review 15 of these “rights,” but in doing so I will not be tracking the handout.  So don’t bother using it as an outline.  It is a summary.  So please put it down.</font></p>
<p><font size="3"><font face="Times New Roman">1. The first and most important creditor right—and the one upon which I will dwell by far the longest here—is the right of creditors to derive as much profit from the underclass as possible and to facilitate this goal with as many favorable pieces of state and federal legislation and as many favorable court decisions as they can muster.  </font></font></p>
<p><font face="Times New Roman" size="3">Between 1995 and 2005, the credit industry lobbied Congress to amend the federal bankruptcy law to make it more difficult for people to file bankruptcy, which was and is still for the nation’s poorest the most cost-effective means of dealing with the growing number of predatory lender practices.  <strong><u>(I have a reminder note here to tell you that this tactic is comparable to grammar school bullies bribing the teacher on recess duty into blocking the other children from escaping the school yard.)</u></strong> </font></p>
<p><font face="Times New Roman" size="3">The bankruptcy amendment bill finally passed both the House and Senate in year 2002,</font><a name="_ednref3"></a>[3]<font face="Times New Roman" size="3"> but was repeatedly shelved due to irreconcilable committee differences, including threats of a filibuster from its opponents due to disagreements over various provisions, including one backed by Senate Democrats that would have made it harder for violent anti-abortion groups to discharge their court fines.  Pro-life conservatives wanted debts incurred from attacking abortion doctors to be dischargeable in bankruptcy, and Democrats said no.   On March 10, 2005, the Senate passed the bill with a vote of 74-25.  <strong><u>(I have another note here to remind me to tell you that the Emperor Caligula once remarked that if the Roman Senate had one neck, he would hack it through.  I’m not sure now why I wrote this note, but I pass this tidbit on to you just the same.)</u></strong>  The House passed the bankruptcy amendment bill on April 14, 2005, and on April 20, President George W. Bush signed it into law without objection, and it became effective on October 17, 2005 as Public-Law No. 109-008. <strong><u> (Another reminder note:  October 17, 2005, was the 88<sup>th</sup> anniversary of the Bolshevik Revolution.  I’m not sure if this was coincidental or some neo-con’s symbolic suggestion to the bleeding heart left that payback is a bitch.)</u></strong> </font></p>
<p><font face="Times New Roman" size="3">The 2005 bankruptcy amendments were the result of a 10-year effort by the credit community that cost them approximately $100 million dollars in campaign contributions and lobbying fees,</font><a name="_ednref4"></a>[4]<font face="Times New Roman" size="3"> the most expensive bill ever to pass through Congress.  Sadly, this was money not well spent, for the amendments in practice have not proved to be as beneficial to unsecured institutional creditors as they have been injurious to debtors.  This is due in part to the poor draftsmanship of the legislation.</font><a name="_ednref5"></a>[5]<font size="3"><font face="Times New Roman">  <strong><u>(I have note here to remind you that one of the more risible examples of poor draftsmanship is what we now derisively refer to as the “hanging” paragraph of Section 1325 that eliminates cramdown in Chapter 13 cases on personalty securing debts incurred within 910 days before the bankruptcy filing—the hanging paragraph hangs because somebody forgot to number it—possibly evidence of the haste in which it was added to the bill).</u></strong>  The unsecured credit industry was hurt more by the fact that, at the eleventh hour, the bill was hijacked by its big brother, the secured credit industry, principally in the form auto financers and residential home mortgage lenders.  By eliminating cram downs of vehicles purchased within 910 days of filing, the secured creditor sector assured that in Chapter 13 cases it would be “the little piggy that gets roast beef,” while the unsecured creditor industry, which had plotted all along to push debtors into Chapter 13 repayment plans, would be “the little piggy that gets none.”  In the weeks before passage, the credit industry created a pig’s breakfast of the legislation, eviscerating much of the bill’s intended benefit to credit card companies—one of the more amusing examples of the law of unforeseen consequences in play in the <em>realpolitik</em> of self-interest.  </font></font></p>
<p><font face="Times New Roman" size="3">The credit industry’s rationale for passing this legislation was that debtor abuses were rampant and that the bill would restore responsibility and integrity to the bankruptcy system by cracking down on fraudulent, abusive, and opportunistic bankruptcy filings.    Laughably, Georgetown University’s Credit Research Center issued a study which concluded that many debtors were using bankruptcy as an excuse to wriggle out of their obligations to creditors.  I say “laughably” because this study was revealed to have been funded entirely by credit card companies and produced with a $100,000 grant from Visa USA and MasterCard International, Inc.  It was cited as authoritative by former U.S. Treasury Secretary, Lloyd Bentsen, a development that led to more derision when he was revealed to be a credit industry lobbyist.</font><a name="_ednref6"></a>[6]<font size="3"><font face="Times New Roman">  These creditor-biased studies were largely discredited by the Congressional Office of the Budget.</font></font><a name="_ednref7"></a>[7]<font size="3"><font face="Times New Roman">  <strong><u>(I have a note here that this congressional office evidently does not enjoy the same close communications with Congress as does the entourage of credit card lobby.)</u></strong>  </font></font></p>
<p><font face="Times New Roman" size="3">Opponents of the bill argued that the allegations of bankruptcy abuse and fraud by debtors were wildly overblown and that the vast majority of bankruptcies were related to medical expenses and job losses—objections that were swept aside along with an in-depth study by Harvard University medical and legal scholars, who found that more than half of the bankruptcies filed were attributable to unpaid medical bills.</font><a name="_ednref8"></a>[8]<font size="3"><font face="Times New Roman">  Robert H. Scott, III, in the June 2007 <em>Journal of Economic Issues </em>reported that “revolving credit card debt [in the United States] is close to $900 billion.”  <strong><u>(I have a another note here to remind you that $1 billion is the same as $1000 million and that $900 billion is the same as $900 thousand million, a number so large as to be inconceivable to the ordinary consumer bankruptcy lawyer, whose standard fee application is in much lesser amounts.)</u></strong>  Scott III states that credit card debt is increasing 9% per year and that the average U.S. household has 8 credit cards, which have been used to charge nearly $2 trillion in goods and services.  He then goes on to state with a straight face: “Neoclassical economic theory is ineffective at explaining why credit card borrowing continues to reach record levels” and “fails to recognize that credit card debt is a problem requiring attention from regulatory agencies.”  <strong>(I should point out that you don’t often find understated sarcasm like this in scholarly writing.)</strong>  The reason for this is that the growing national credit card debt is not due simply to borrowing, but to the interest rates, late charges, and fees that the credit industry now imposes upon the principal balances of debtors both current and delinquent.</font></font><a name="_ednref9"></a>[9]<font size="3"><font face="Times New Roman">  <strong><u>(I have another note: Robert Scott III  does not mention that the credit card industry has become, much to its petulant annoyance, this country’s most successful welfare and national health insurance system—a welfare system that makes a huge profit.  This is achievement in economics is the equivalent in physics to the creation of a perpetual motion machine.)</u></strong></font></font></p>
<p><font face="Times New Roman"><font size="3">In addition to lobbying for changes in the bankruptcy law, the credit industry also spends untold sums to appeal cases in its effort to obtain creditor-favorable holdings from federal courts, particularly Courts of Appeals.  It has been much more successful in this arena than in Congress, where its victories have been largely pyrrhic.  The most stunning wins were handed to it by no less an authority than the United States Supreme Court.  The justices of last resort, ever vigilant to preserve civil liberties, shored up the rights of creditors in the 1978 case of <em>Marquette vs. First Omaha Service Corp<a name="_ednref10"></a><strong>[10]</strong> </em>and in the 1996 case of <em>Smiley vs. Citibank.<a name="_ednref11"></a><strong>[11]</strong> </em> <em>Marquette</em><em> </em>held that national banks could charge credit card customers the highest interest rate allowed in the bank’s home state without any controls or restrictions by the cardholder’s home state.  <em>Smiley </em>held that fees and charges could be treated as if they were interest under <em>Marquette</em><em>. </em>The effect of these opinions is to give the legislatures of small states like Delaware and South Dakota the power to establish local state banking laws with national effect.  These cases vitiated the usury laws in 37 states, stripping off caps on interest rates, fees, and charges that could be charged to cardholders throughout the country. </font><strong><u><font size="3">(I have a note here to remind me to express my opinion to you that these cases constitute the commercial equivalent of the U. S. Supreme Court’s decisions in <em>Dred Scott v. Sanford</em></font></u><a name="_ednref12"></a><em><strong>[12]</strong></em><u><font size="3"> and <em>Plessy v. Ferguson</em></font></u><a name="_ednref13"></a><em><strong>[13]</strong></em><font size="3"><u> and to tell you that cultural bias is not usually neutralized by even meaty intelligence if it has marinated for years in the wine sauce of privilege. You all know Lord Acton’s maxim: Power corrupts and absolute power tends to corrupt absolutely.  You are no doubt less familiar with mine: Privilege blinds and official privilege blinds and deafens.)  </u></font></strong></font><font face="Times New Roman" size="3">Let me now move quickly through the remaining 14 cherished rights of creditors:</font></p>
<p><font size="3"><font face="Times New Roman">2..         Second is the right of creditors to charge default interest rates between 29.9% and 34% on accounts defined as delinquent under terms of adhesion contracts that unilaterally eliminate grace periods with only fine-print stuffer notice.</font></font></p>
<p><font face="Times New Roman"><font size="3">3.         Third is the right of creditors to charge over-limit fees on those cardholders who exceed their credit limits, even if that overage occurs within a single credit billing cycle during which the cardholder brings the balance owed back within the available credit limit.  </font><strong><u><font size="3">(I have a note here to remind your that revenues from late fees soared from $1.7 billion in 1996 to $7.3 billion in 2002, with an approximate 10% increase each year after that.  Revenues generated by all credit card penalties and fees, including over-limit fees, skyrocketed from $8.3 billion in 1995 to $24 billion in 2004.  It would appear from these statistics that the default welfare business that the credit card industry has inadvertently taken on is actually quite lucrative since debtors appear much more inclined to pay exorbitant rates, fees, and charges than to file for bankruptcy relief or to attempt to abuse the bankruptcy system.</font></u><a name="_ednref14"></a><strong>[14]</strong><u><font size="3">  My note reminds me to mention in all fairness that credit card companies do write off a lot of bad debt.  In 2004, for example, the estimated credit card write-off was approximately $35 billion.  But fairness also compels the observation that those write offs translated into business tax deductions of about $12.2 billion.  The actual remaining booked loss of $23 billion was further eroded by the default interest rates and late fees that generated $24 billion that same year, reducing the actual losses on credit cards to approximately zero.  I have a note within my note to remind me to ask you to consider whether the credit industry’s claims of loss are any more reliable or real than their claims of bankruptcy debtor abuse?  Hold your answers, please, because I’m actually not interested in them.  It was a rhetorical question.)</font></u></strong></font></p>
<p><font face="Times New Roman" size="3">4.         Fourth is the right of creditors to trigger the Universal Default.  This is an interest rate used to punish customer spending or paying habits that are unfavorable to creditors.  Credit card companies regularly check up on their customers.  If a cardholder is discovered to be late on one card, the default rate hike is triggered on all that debtor’s cards, even those the debtor has serviced perfectly with timely payments.  Universal default can double or triple a customer’s interest rates without notice apart from the fine print buried in the stuffers that accompany credit card billings.  Universal Default may also trigger automatic interest rate hikes on loans other than the revolving credit card lines themselves, such as mortgage or signature loans.  This universal interest hike may be triggered not only by a late payment, but by an application for additional credit, a charge that exceeds the available credit limit, or a decline in the cardholder’s credit score—any of which can occur without the cardholder’s knowledge.</font></p>
<p><font face="Times New Roman" size="3">5.         Fifth is the creditors’ right to create tiered-rate schedules for customers—a kind of cardholder class system that allows creditors to increase the fees charged to lower-tier cardholders without increasing fees on cardholders in higher tiers.  Thus, a credit card company can charge increased late fees to the less creditworthy without triggering complaints from its more affluent and savvy customers.</font></p>
<p><font face="Times New Roman" size="3">6.         Sixth is the right of institutional creditors to fail to post a payment on the due date it is received, as required by federal law.  Credit card companies often post as timely only those payments received by 9 a.m. or 3:00 p.m. on the due date.  Payments received a nanosecond after 9:00 a.m. or a nanosecond after 3:00 p.m. are posted the next day and therefore deemed late, despite the fact that all major card issuers have payment processing centers that operate 24/7.</font></p>
<p><font face="Times New Roman" size="3">7.         A seventh right of creditors is the tactic of mailing out statements close to the due date rather than two weeks before, as required by federal law, and the tactic of changing the due date unilaterally as a form of late-payment entrapment. As soon as the payment is deemed late, the default interest rate hike is applied, which in turn may trigger the universal default rate on those loans serviced perfectly by the borrower.</font></p>
<p><font face="Times New Roman" size="3">8.         Eighth is the creditors’ right of harassment.  This is almost never punished because it requires action by the debtor under the federal Fair Debt Collection Practices Act – a fairly costly remedy for those overburdened with debt. <a name="_ednref15"></a>[15]  In bankruptcy cases, harassment may be subject to contempt sanctions for violation of the automatic stay, but usually this is so only if the debtor can show actual damages not mere unquantifiable annoyance.  Creditors outsource collection work to individuals and groups that routinely and contrary to federal law harass the debtor’s relatives and employers and persist after being requested to stop by the debtor or debtor’s counsel. </font></p>
<p><font face="Times New Roman" size="3">9.         Ninth is the powerful secured creditors’ right of equity stripping—a technique that involves charging exorbitant financing fees, prepayment penalties on high-cost loans outside local FHA loan limits, and excessive fees for payoff information, modifications, or late payments that eat away debtors’ homestead exemption.</font><a name="_ednref16"></a>[16]<font face="Times New Roman" size="3"> </font></p>
<p><font face="Times New Roman" size="3">10.       Tenth is the right of creditors to charge interest across two payment cycles.  Even if a cardholder pays the lion’s share of the balance due on a card at the end of one month and leaves a minimal amount for the next billing cycle, the cardholder may be charged interest on the outstanding balance as well as on the previous balance.</font><a name="_ednref17"></a>[17]</p>
<p><font size="3"><font face="Times New Roman">11.       Eleventh is the creditor’s right to charge a foreign currency fee when a cardholder makes purchases in a foreign country.  This is basically a junk fee added for no reason other than converting foreign currency into U.S. dollars—which happens automatically.</font></font><a name="_ednref18"></a>[18]</p>
<p><font size="3"><font face="Times New Roman">12.       Twelfth is the right of creditors to “bait and switch,” that is, to offer teaser interest rates that are later dramatically increased without notice on the basis of a single late payment, an over-limit charge, an introductory offer expiration date, a stuffer notice, or some other pretense—usually one of the other tactics named in this creditor bill of rights.</font></font><a name="_ednref19"></a>[19]</p>
<p><font size="3"><font face="Times New Roman">13.       Thirteenth is an important series of creditors’ rights in bankruptcy that include but are not limited to the following:</font></font></p>
<p><font face="Times New Roman" size="3">             (a)        The right to report to the credit bureaus as delinquent under the original, pre-petition contract the payments made timely under a confirmed Chapter 13 Plan, thereby disregarding the Chapter 13 plan as the new contract;</font></p>
<p><font face="Times New Roman" size="3">             (b)        The right to ignore or delay response to a federal subpoena properly issued by bankruptcy debtor’s counsel;</font></p>
<p><font face="Times New Roman" size="3">             (c)        The right <em><u>not</u></em> to appear personally in a case and, therefore, not to be subject to cross-examination by debtor’s counsel;</font></p>
<p><font face="Times New Roman" size="3">             (d)        The right to make the creditor’s prima facie case in any motion, application, contested matter, or trial on the evidence provided by the debtor to the trustee or the United States Trustee rather than upon direct evidence provided by the creditor and its witnesses;</font></p>
<p><font face="Times New Roman" size="3">             (e)        The right to avoid in bankruptcy courts, which are courts of equity, the consequences of the maxims of equity,</font><a name="_ednref20"></a>[20]<font face="Times New Roman" size="3"> particularly the following: that equity delights in equality, that one who seeks equity must do equity, that equity aids the vigilant not those who slumber on their rights, that equity abhors a forfeiture, that one who comes into equity must come with clean hands, and that equity delights to do justice and not by halves.</font></p>
<p><font size="3"><font face="Times New Roman">             (f)        The right to file baseless or frivolous adversary proceedings with fair confidence that debtors will settle to avoid expensive litigation and that creditors will not be required to pay the debtor’s counsel’s fees even if the debtor prevails; and</font></font></p>
<p><font face="Times New Roman" size="3">             (g)        The right to file a proof of claim in cases where the unsecured debt has already been compensated for by interest charges, fees, late fees, default interest rates, and universal default interest rates charged upon the accounts of non-delinquent card holders as well as the delinquent card holders, and by fees and charges to merchants, by interest earned on billions of dollars between the time a card charge is made and the time the funds are deposited into the merchant’s account, by the proceeds from the sale of bundled and securitized credit card loans that are sold to investors, by tax benefits from bad loan write offs, by recoveries on insured bad loans, and by the returns on invested profits.</font><a name="_ednref21"></a>[21]<font face="Times New Roman" size="3">      </font></p>
<p><font face="Times New Roman" size="3">15.       Finally, there is the creditors’ right never to be held accountable, at least by poor consumer debtors—an observation that leads me now to Part III, my jeremiad.</font></p>
<p><strong><u><font size="3"><font face="Times New Roman">Part III: A Lawyer’s Gripes – a choleric diatribe in the mode censorious</font></font></u></strong><font size="3"><font face="Times New Roman">           </font></font></p>
<p><font size="3"><font face="Times New Roman">My lamentation begins with the observation that the truest measure of a nation’s character is reflected in the way it treats its poorest and most powerless citizens.  There is an old saying:  Give a hungry person a fish and you feed that person for a day, teach that person to fish and you feed him for a lifetime.  This well-meaning axiom strikes me as the work product of a very simple creature, possibly a nitwit; for it rests upon a number of hidden and silly assumptions.  It assumes that everyone has access to water, that everyone has the tackle and bait to fish, that everyone is capable of fishing, that everyone likes fish, that there are enough fish for everyone, that no one else has an exclusive right to the fishing waters, that the fish are uncontaminated and healthful, that the process of fishing, cleaning, cooking, and serving fish is more economical and practical than other food processes, that tails, heads, fins, guts, and other fishy wastes can be disposed of economically, that the exuberant population of rapidly breeding waste-feeding varmints inevitably to appear can be controlled, and that the poor can live by fish alone.</font></font></p>
<p><font face="Times New Roman" size="3">I understand that the axiom is meant to assert the notion of self-reliance.  But it is the simple-minded notion of self-reliance that I am here attacking.  The American Dream is that people can pull themselves up through the classes by dint of hard work, perseverance, and resourceful self-reliance.  This is how the west was won, wasn’t it?  Actually, the west was won in the nineteenth century by ruthless advocates of manifest destiny, monopolistic capitalism, corporate protectionism, government assurances of profit to those seizing control of the nation’s developing infrastructure by suppressing unions, fixing prices, exploiting child labor, and demanding a tractable, compliant workforce made available through compulsory education systems that promulgated the myth that hard work, perseverance, and loyalty would lead inexorably to the realization of home-ownership, a chicken in every pot, a car in every garage, and boundless opportunities to ascend into the upper classes.</font></p>
<p><font size="3"><font face="Times New Roman">But hard work, perseverance, and loyalty are not the virtues of the upper class, but of the good soldiers in the lower class who wish to please their overseers.  The markers of the upper class are inherited or generational wealth, private education, familiarity with money and credit, resources and personal connections that may be exploited to distinguish opportunities from temptations and to seize economic advantages, and the leisure to explore and become conversant with the wealth-building strategies of complex markets.  The lower class was seemingly hypnotized during the last century by the cinematic fantasies of Frank Capra into believing that the worthy poor could become the worthy well-to-do like Jimmy Stewart’s character George Bailey in “It’s A Wonderful Life” and that heroes like John Wayne’s characters in John Ford’s “The Man Who Shot Liberty Valence” and “The Quiet Man,” unburdened as they were by ambiguities, could be relied upon to wield the sword of violence to cut through the Gordian Knot of complexity to the heart of any problem and do justice and equity.  Meanwhile, the nation’s well-heeled consoled themselves with their own fantasy that the high stress and panic attendant upon the white-collar pursuit of money, power, and leisure was actually as or more taxing than the brutal bodily afflictions endured by the blue collar class upon whose menial work the edifice of industrial and post-industrial wealth is based  </font></font></p>
<p><font face="Times New Roman" size="3">These assumptions persist today.  Movies have improved, but the Hollywood myths persist: love conquers all, truth prevails, and world peace can be achieved by force in the hands of sweaty, shirtless vigilantes with six-packs (both anatomical and alcoholic).  Meanwhile, under the tinsel of Hollywood, as Groucho Marx observed 5 decades ago, is the real tinsel—broken promises, wealth and fame for only a few, and droves of dispirited rejects.  Hollywood is a factory that puts on celluloid our cultural dreams and nightmares, our hopes and fears.  It is, itself, a microcosm of the nation—a nation that treats it’s poorest and most powerless citizens pretty much the way Hollywood treats extras, children, women, B-list celebrities, has-beens, and the nameless people behind the scenes.  Hypocrisy is the principal attribute that Hollywood shares with Congress, which has voted itself the very health care coverage it denies its constituents, which provides itself with the very retirement program that most lower class Americans must do without, which exempts itself from the very regulations it imposes on the private sector, which continues to invite young men and women to serve as pages despite three separate page-related sex scandals in the last forty years, which asks the children of the least privileged to fight on this nation’s battlefields to protect the interests of the affluent.  Americans suffer these hypocrisies of the powerful both in Hollywood and Washington because, perhaps, they hope someday to enjoy the benefits of their own hypocrisy in order to grasp a small modicum of pleasure in a life that was described by Thomas Hobbs as “solitary, poor, nasty, brutish, and short.”</font><a name="_ednref22"></a>[22]<font size="3"><font face="Times New Roman">  In sum, the poor bare the sting of the whip now, in hopes of someday holding the whip handle.</font></font></p>
<p><font face="Times New Roman" size="3">The state of this nation’s bankruptcy system is a small, clear window into our national character, for it reveals the attitude of the rich toward the poor from whom they derive material benefit.  Studies overwhelmingly show that most people file bankruptcy after exhausting their resources in attempting to repay debts; they file because they have suffered reduced incomes, lost jobs, physical or mental disability, personal or family catastrophe, uninsured or underinsured medical expenses, the costs of court-ordered rehabilitation or restitution, or the on-set of old age (which, incidentally, I see apparent in the audience before me).  Utah’s congressional delegation, of course, voted in favor of the new bankruptcy amendments.</font><a name="_ednref23"></a>[23]<font face="Times New Roman" size="3">  While Congress has at the behest of abusive creditors made access to bankruptcy more difficult and expensive, Utah’s legislature has done virtually nothing to protect its citizens from predatory creditor practices or to ease their burden by, for example, increasing the caps on some of Utah’s statutory exemptions. </font></p>
<p><font face="Times New Roman" size="3">Once at an all time high, Utah bankruptcy filings fell to an all time low immediately after the new bankruptcy amendments took effect.  This is not because poverty had decreased, but because access to the only effective form of debt relief had been restricted.  One respected Chapter 7 trustee in this jurisdiction recently observed that limiting access to bankruptcy relief in the face of increasing poverty is like decreasing ambulance services in the face of escalating car crashes.</font></p>
<p><font face="Times New Roman" size="3">I will not relate the astounding restrictions that the Bankruptcy Abuse Prevention and Consumer Protection Act has placed on consumer debtors and their lawyers, except to say that [<em>As a result of the amendments, a Chapter 7 case is now presumptively abusive if filed by a person whose income exceeds the median income in Utah for a household of the debtor’s size.  Debtors who cannot qualify for Chapter 7 must file a 3 to 5 year Chapter 13 repayment plan regardless of the nature of or reasons for the debt.  If ineligible for Chapter 7 or Chapter 13, consumer debtors may be forced to file or convert to an expensive individual Chapter 11 case or remain at the mercy of collectors and creditors able to charge virtually any rate of interest their home states allow.  Chapter 13 debtors who encounter emergencies that trigger a Chapter 13 payment default and subsequent case dismissal and must therefore file a second Chapter 13 case within a year to cure mortgage arrearages to save a home, no longer receive the full protections of the automatic stay, thereby exposing themselves to the foreclosure, repossession, or garnishment of their homes, cars and scant incomes.  The amendments also create a class-system of the poor, denominating the poorest debtors as “assisted persons” and any one helping them as “debt relief agencies” that must bear extra disclosure and reporting burdens and costs.  The amendments also prohibit lawyers from advising such assisted persons to get into debt, thereby undercutting a consumer attorney’s ability to help such debtors plan for bankruptcy by restructuring their debts pre-petition so they can survive the immediate post-petition period without much cash or borrowing power in order to enjoy a genuine fresh start.  T]</em> there is very little abuse to prevent and very little in the act about consumer protection.  It is a creditor’s bill, one of the most shameful evidences that we have, as Will Rogers famously observed, “the best Congress money can buy.”</font></p>
<p><font face="Times New Roman" size="3">Admittedly, many debtors file bankruptcy petitions because they have borrowed improvidently.  But most of them borrow not for luxuries but necessities and do so with the good-faith intention to repay but also with the inane expectation that they can actually service monthly their inflating debt overloads—an expectation based on the indefatigable and vaporous faith of the American lower class that incomes will increase and life improve, that a form of economic rapture is at hand, a resurrection that will lift them from the dead marshes of debt and deliver them into the broad, sunlit uplands of a debt-free future.  For it is in the future that Americans place their faith and fairest hopes, more so even than in redemption or in heaven.</font><a name="_ednref24"></a>[24]<font face="Times New Roman" size="3">  </font></p>
<p><font face="Times New Roman" size="3">The credulous are everywhere, and credulity is the constant companion of over-indebtedness.  But judgment day comes daily to those who have heedlessly trusted in mammon.  When credit cards are maxed out, when interest accumulates by a third of the principal annually, when the only relief is under the Bankruptcy Code, it then that the credulous at last come fact to face with the grim reality that America’s indigent are a despised race stereotyped as poorly clothed, poorly housed, poorly educated, poorly motivated—the irresponsibles and untouchables of the Republic. </font></p>
<p><font face="Times New Roman" size="3">Yes, there is charity, and much such generosity is in evidence in Utah.  But individual gifts to the have-nots are subverted by institutional favors to the haves in a culture that condemns sins of passion and the lust of the flesh while excusing sins of calculation and the lust for lucre, a culture that demonizes poverty as the fruit of irresponsibility, inefficiency, self-indulgence, laziness, stupidity, or sin.  This is prejudice no different than racism, misogyny, homophobia, xenophobia, or religious intolerance—but few will name it so.</font></p>
<p><font face="Times New Roman" size="3">I close this presentation with one final blast:  Prejudice is the mother of oppression.  Coercion is its father.  These are not artifacts of the past, but current events menacing the present.  A state that ignores, vilifies, or oppresses its poor is an army that abandons its wounded.  This is true for America, whose pilgrim founders idealized it as a “City on a Hill.”</font><a name="_ednref25"></a>[25]<font size="3"><font face="Times New Roman">  It is true for Utah, whose founders envisioned it as an “American Zion.”</font></font><a name="_ednref26"></a>[26]<font size="3"><font face="Times New Roman">  But the impossible dream of utopia is really not needed.  What is needed is restraint on greed.  Gandhi is reported to have said that “poverty is the worst form of violence.”</font></font><a name="_ednref27"></a>[27]<font face="Times New Roman" size="3">  It is a form of violence so terrifying that affluent people will apparently go to almost any extreme–even extreme cruelty—to avoid it or any proximity to it.</font><a name="_ednref28"></a>[28]<font face="Times New Roman" size="3"> </font></p>
<p><font face="Times New Roman" size="3">So, what can be done about all this?  Frankly, I don’t know.  I’m a bankruptcy lawyer, not a genius.  My only recommendation is that the credit community and our politicians should go off together somewhere and inseminate themselves.  Yes, they should inseminate themselves with the proscriptions of an ethic that puts bright limits on the exploitation of the lower two-thirds of America’s invisible caste system symbolized by the famous pyramid printed on the backside of every dollar bill.  An unimpeachable source noted that “the poor you have always.”</font><a name="_ednref29"></a>[29]<font face="Times New Roman" size="3">  If the multitudes of these ever-present poor do not have access to food, shelter, transportation, health care and legal services and if they have no means to provide help, hope or education for their children, I fear they may cease to serve as the compliant, willing, and law-abiding backbone of this nation’s economy.  No, I do not anticipate revolution.  Revolution is ever an intellectual enterprise, and Americans rich and poor are largely anti-intellectual.  I fear not revolution but devolution into a nation in the grip of witless thugs.  For as the stain of poverty spreads so also will ignorance, incompetence, insularity, indifference, credulity, and criminality.  Information will succumb to disinformation.  Bullies and bullshitters will rule us in confusion as we become a nation of shoplifters.  But there is a bright side to all this:  For if as Joseph Heller said in <em>Catch 22</em>,<em> </em>“there is profit in confusion,”</font><a name="_ednref30"></a><em><strong>[30]</strong></em><font face="Times New Roman" size="3"> just imagine the investment returns the devious may yet derive from the dumb, dispirited, and deluded in the decades to come. </font></p>
<p><font face="Times New Roman" size="3">Thank you for listening to me.</font></p>
<div><br clear="all" /><font face="Times New Roman" size="3"><br />
<hr align="left" width="33%" size="1" /></font>   </p>
<div id="edn1"><a name="_edn1"></a>[1]<font face="Times New Roman"> The first measure of poverty is the U.S. Department of Health and Human Services’ standard also called the Federal Poverty Thresholds or more loosely the Federal Poverty Level (FPL) which states that in 2006 the average household of 3 in the United States was considered poor if its annual gross income was $16,079 or less.  This standard is based on 3 times the cost of food necessary for the minimum caloric intake of an average adult—a standard that assumes that food costs represent a third of total household expenses and that has been used since 1964 when Lyndon Johnson declared war on poverty.  Most economists believe that as a result of inflation this approach must be updated; [1] for this reason, it is not the standard used to measure poverty in Utah or elsewhere. There are three other, more realistic measures of poverty that attempt to ascertain the minimum income necessary for a household to be self-sufficient.  Each of these is based on different expenses. The most realistic but least relied upon of these measures developed by two non-profit organizations, “Utah Children” and “Wider Opportunities for Women” bases the poverty income level on all necessary family expenses, excluding educational expenses and health care costs.  A Utah household composed of a single parent with one infant and one pre-school child is poor according to this standard if its combined annual gross income is $42,913 dollars or; if there are two parents in the household, the poverty income level is $51,274 gross per year or less. The next most accurate, but rarely applied self-sufficiency measure of poverty level income is the Shelter Model, which multiplies by 3 the average monthly housing cost of a household of a given number in a given geographical area within a given year.  In 2006, the average cost of a two-bedroom apartment in Utah (averaging all counties) was $742 per month.[1]   According to the Shelter Model, the state-wide average poverty level income of a family of four living in poverty in Utah in 2005 was $27,086.40.  This information is derived from the U.S. Census Bureau statistics and from <em>The State of Poverty in Utah, 2006 </em>published by Utah Issues. <br />
</font><font face="Times New Roman" size="2"> </font></div>
<div id="edn2"><a name="_edn2"></a>[2]<font face="Times New Roman" size="2"> Utah Issues,<em> The State of Poverty in Utah, 2006</em>, p. 20</font>   </p>
<p><a name="_edn3"></a>[3]<font face="Times New Roman" size="2"> The 2005 Bankruptcy Abuse Prevention and Consumer Protection Act first introduced in the 105<sup>th</sup> Congress, but did not pass the 106<sup>th</sup> Congress.  It was introduced again in the House on February 24, 1999, and referred to the House Committee on the Judiciary, where it passed with a vote of 313-108 on May 5, 1999.  The Senate’s corresponding bill was introduced on March 16, 1999, but the House version was agreed upon in lieu of the Senate’s version on February 2, 2000, with a vote of 83-14.  President Clinton pocket-vetoed the bill.  In the three years following year 2000, the bill was introduced in each Congress.</font></div>
<p><a name="_edn4"></a>[4]<font face="Times New Roman" size="2"> Egan, Timothy, “Newly Bankrupt Raking In Piles of Credit Offers,” <em>New York</em><em> Times, </em>December 11, 2005. </font><a href="http://www.nytimes.com/2005/12/11/national/11credit.html?ex=1291957200&#038;en=42eb059e99875d94&#038;ei=5088&#038;partner=rssnyt&#038;emc=rss"><font face="Times New Roman" size="2">http://www.nytimes.com/2005/12/11/national/11credit.html?ex=1291957200&#038;en=42eb059e99875d94&#038;ei=5088&#038;partner=rssnyt&#038;emc=rss</font></a></p>
<p><a name="_edn5"></a>[5]<font face="Times New Roman"><font size="3"> </font>Rogal, Brian J., “Bankruptcy Law In Shambles,” [judicial and other criticism of BAPCPA] <a href="http://www.inthesetimes.com/article/2662/">http://www.inthesetimes.com/article/2662/</a><br />
</font></p>
<p><a name="_edn6"></a>[6]<font face="Times New Roman" size="2"> Rampton, Sheldon and John Stauber. <em>Trust Us, We’re Experts: How Industry Manipulates Science and Gambles with Your Future</em> (Tarcher/Putnam Books: New York, 2001).</font></p>
<p><a name="_edn7"></a>[7]<font size="2"><font face="Times New Roman">   Plunkett, Travis [legislative director at the Consumer Federation of America], “New Bankruptcy Law,” October 17, 2005 in <em>Online NewsHour </em>[“. . . the evidence of fraud and abuse is that it’s fairly minimal.  Creditors who wrote large parts of this bill tried to make the case in the late 1990s that fraud was out of control or that abuse of the system, that is, people who could afford to pay part of what they owe were instead going to bankruptcy and wiping away that debt was high as well. They weren’t able to make that case.  In fact, a lot of those studies have been discredited by the Congressional Budget Office, for example.  So what we’re left with are numbers in the 3 to 4 percent range.  The best objective study I know of looks at this and says about 3 to 4 percent of those people who are filing Chapter 7 bankruptcy . . . could afford to pay some of their debt.”] </font></font><a href="http://www.pbs.org/newshour/bb/economy/july-dec05/law_10-17.html"><font face="Times New Roman" size="2">http://www.pbs.org/newshour/bb/economy/july-dec05/law_10-17.html</font></a><font face="Times New Roman" size="2">  </font></p>
<p><font face="Times New Roman" size="2"><a name="_edn9"></a></font>[8]<font face="Times New Roman" size="2"> Source Watch.  “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,” </font><a href="http://www.sourcewatch.org/index.pjp?title=Bankruptcy_Abuse_Prevention_and_Consumer_Protection_Act_of_2005"><font face="Times New Roman" size="2">http://www.sourcewatch.org/index.pjp?title=Bankruptcy_Abuse_Prevention_and_Consumer_Protection_Act_of_2005</font></a></p>
<div id="edn8"><a name="_edn9"></a>[9]<font face="Times New Roman" size="2"> Scott, Robert H. III.  “Credit Card Use and Abuse: A Veblenian Analysis,” in <em>Journal of Economic Issues, </em>June 1, 2007.</font></div>
<p><a name="_edn10"></a>[10]<font size="2"><font face="Times New Roman">  439 U.S. 299 (1978).</font></font></p>
<p><a name="_edn11"></a>[11]<font face="Times New Roman" size="2"> 517 U.S. 735 (1996).</font></p>
<p><a name="_edn12"></a>[12]<font face="Times New Roman" size="2"> 60 U.S. (19 How.) 393 (1856).</font></p>
<p><a name="_edn13"></a>[13]<font size="2"><font face="Times New Roman"><em>  </em>153 U.S. 537 (1896). </font></font></p>
<p><a name="_edn14"></a>[14]<font face="Times New Roman" size="2"> Demos: A Network For Ideas &#038; Action, “Credit Card Industry Practices In Brief,” [sources and history of usury in America] </font><a href="http://www.pbs.org/newshour/bb/economy/july-dec05/law_10-17.html"><font face="Times New Roman" size="2">http://www.pbs.org/newshour/bb/economy/july-dec05/law_10-17.html</font></a></p>
<p><a name="_edn15"></a>[15]<font size="2"><font face="Times New Roman"> Improper collection practices include: (1) calling the debtor’s workplace after being informed that such collection calls disrupt debtor’s work, (2) calling debtor’s home before 8 a.m. or after 9 p.m., (3) addressing the debtor in an abusive manner, (4) calling debtor’s family or friends to collect the debt, (5) harassing the debtor, (6) making false or misleading statements, or (7) adding unauthorized charges to the debt.  </font></font><a href="http://www.creditinfocenter.com/rebuild/creditorharassment.shtml"><font face="Times New Roman" size="2">http://www.creditinfocenter.com/rebuild/creditorharassment.shtml</font></a></p>
<p><a name="_edn16"></a>[16]<font face="Times New Roman" size="2"> “Equity Stripping,” </font><a href="http://en.wikipedia.org/wiki/Equity_stripping"><font face="Times New Roman" size="2">http://en.wikipedia.org/wiki/Equity_stripping</font></a><font face="Times New Roman" size="2"> </font></p>
<p><a name="_edn17"></a>[17]<font face="Times New Roman"><font size="3"> </font>Irby, LaToya, “Double Billing Cycle Finance Charges Revealed,” in <em>About.com: Credit/Debt Management.” </em> [One of the ways creditors compute is the double billing cycle method.  This is one of the most costly ways your finance charge can be calculated. Here’s how it works: “Let’s assume you have a balance of $500 with an interest rate <a href="http://credit.about.com/od/glossary/g/apr.htm" />of 11.9%. If you make a $200 payment at the end of the month, using the average daily balance method, your finance charge would be calculated like this: (Average Daily Balance x APR x Days In Billing Cycle) / Days In Year  $500 x .119 x 25 / 365 = $4.08).  The double billing cycle, or two-cycle average daily balance, method of calculating finance charges will also consider your previous month’s balance. If your previous month’s starting balance was $1,000, your two-cycle average daily balance would be $750. Your finance charge under this method is:  (Two-Cycle Average Daily Balance x APR x Days In Billing Cycle) / Days In Year $750 x .119 x 25 / 365 = $6.11.]  <a href="http://credit.about.com/od/usingcreditcards/a/twocyclebilling.htm">http://credit.about.com/od/usingcreditcards/a/twocyclebilling.htm</a><br />
</font><font face="Times New Roman" size="2"> </font></p>
<div id="edn18"><a name="_edn18"></a>[18]<font face="Times New Roman" size="2"> Turner, Heidi, “Foreign Currency Fees: Another Form Of Credit Card Abuse,” in <em>Legal News. True Stories. Access to Legal Help Now,</em>” October, 30, 2006.  [Some credit card companies charge foreign currency fees on charges made outside the United States]. </font><a href="http://www.lawyersandsettlements.com/articles/credit-card-foreign-fees.html"><font face="Times New Roman" size="2">http://www.lawyersandsettlements.com/articles/credit-card-foreign-fees.html</font></a></div>
<div id="edn19" />
<div><a name="_edn19"></a><font face="Times New Roman" size="2"> </font> [19]<font size="2"><font face="Times New Roman">    “Credit Card Abuse, Fees and Rate Hikes,” in <em>Legal News. True Stories. Access to Legal Help Now, </em>most recent posting August 29, 2007 [listing of Credit Card Abuse Articles and Credit Card Abuse in the News] <a href="http://www.lawyersandsettlements.com/case/cc_abuse.html">http://www.lawyersandsettlements.com/case/cc_abuse.html</a> </font></font></div>
<p><a name="_edn20"></a>[20]</p>
<ul type="disc">
<li><font face="Times New Roman" size="3"> </font><a href="http://en.wikipedia.org/wiki/Maxims_of_equity#Equity_regards_as_done_that_which_ought_to_be_done.#Equity_regards_as_done_that_which_ought_to_be_done."><font size="3"><font face="Times New Roman">1 Equity regards as done that which ought to be done.</font></font></a><font face="Times New Roman" size="3"> </font></li>
<li><a href="http://en.wikipedia.org/wiki/Maxims_of_equity#Equity_will_not_suffer_a_wrong_to_be_without_a_remedy#Equity_will_not_suffer_a_wrong_to_be_without_a_remedy"><font size="3"><font face="Times New Roman">2 Equity will not suffer a wrong to be without a remedy</font></font></a><font face="Times New Roman" size="3"> </font></li>
<li><a href="http://en.wikipedia.org/wiki/Maxims_of_equity#Equity_delights_in_equality#Equity_delights_in_equality"><font size="3"><font face="Times New Roman">3 Equity delights in equality</font></font></a><font face="Times New Roman" size="3"> </font></li>
<li><a href="http://en.wikipedia.org/wiki/Maxims_of_equity#Equity_regards_substance_rather_than_form#Equity_regards_substance_rather_than_form"><font size="3"><font face="Times New Roman">4 Equity regards substance rather than form</font></font></a><font face="Times New Roman" size="3"> </font></li>
<li><a href="http://en.wikipedia.org/wiki/Maxims_of_equity#One_who_seeks_equity_must_do_equity#One_who_seeks_equity_must_do_equity"><font size="3"><font face="Times New Roman">5 One who seeks equity must do equity</font></font></a><font face="Times New Roman" size="3"> </font></li>
<li><a href="http://en.wikipedia.org/wiki/Maxims_of_equity#Equity_aids_the_vigilant.2C_not_those_who_slumber_on_their_rights#Equity_aids_the_vigilant.2C_not_those_who_slumber_on_their_rights"><font size="3"><font face="Times New Roman">6 Equity aids the vigilant, not those who slumber on their rights</font></font></a><font face="Times New Roman" size="3"> </font></li>
<li><a href="http://en.wikipedia.org/wiki/Maxims_of_equity#Equity_imputes_an_intent_to_fulfill_an_obligation#Equity_imputes_an_intent_to_fulfill_an_obligation"><font size="3"><font face="Times New Roman">7 Equity imputes an intent to fulfill an obligation</font></font></a><font face="Times New Roman" size="3"> </font></li>
<li><a href="http://en.wikipedia.org/wiki/Maxims_of_equity#Equity_acts_in_personam.#Equity_acts_in_personam."><font size="3"><font face="Times New Roman">8 Equity acts in personam.</font></font></a><font face="Times New Roman" size="3"> </font></li>
<li><a href="http://en.wikipedia.org/wiki/Maxims_of_equity#Equity_abhors_a_forfeiture#Equity_abhors_a_forfeiture"><font size="3"><font face="Times New Roman">9 Equity abhors a forfeiture</font></font></a><font face="Times New Roman" size="3"> </font></li>
<li><a href="http://en.wikipedia.org/wiki/Maxims_of_equity#Equity_does_not_require_an_idle_gesture#Equity_does_not_require_an_idle_gesture"><font size="3"><font face="Times New Roman">10 Equity does not require an idle gesture</font></font></a><font face="Times New Roman" size="3"> </font></li>
<li><a href="http://en.wikipedia.org/wiki/Maxims_of_equity#One_who_comes_into_equity_must_come_with_clean_hands#One_who_comes_into_equity_must_come_with_clean_hands"><font size="3"><font face="Times New Roman">11 One who comes into equity must come with clean hands</font></font></a><font face="Times New Roman" size="3"> </font></li>
<li><a href="http://en.wikipedia.org/wiki/Maxims_of_equity#Equity_delights_to_do_justice_and_not_by_halves#Equity_delights_to_do_justice_and_not_by_halves"><font size="3"><font face="Times New Roman">12 Equity delights to do justice and not by halves</font></font></a><font face="Times New Roman" size="3"> </font></li>
<li><a href="http://en.wikipedia.org/wiki/Maxims_of_equity#Equity_will_take_jurisdiction_to_avoid_a_multiplicity_of_suits#Equity_will_take_jurisdiction_to_avoid_a_multiplicity_of_suits"><font size="3"><font face="Times New Roman">13 Equity will take jurisdiction to avoid a multiplicity of suits</font></font></a><font face="Times New Roman" size="3"> </font></li>
<li><a href="http://en.wikipedia.org/wiki/Maxims_of_equity#Equity_follows_the_law#Equity_follows_the_law"><font size="3"><font face="Times New Roman">14 Equity follows the law</font></font></a><font face="Times New Roman" size="3"> </font></li>
<li><a href="http://en.wikipedia.org/wiki/Maxims_of_equity#Equity_will_not_aid_a_volunteer#Equity_will_not_aid_a_volunteer"><font size="3"><font face="Times New Roman">15 Equity will not aid a volunteer</font></font></a><font face="Times New Roman" size="3"> </font></li>
<li><a href="http://en.wikipedia.org/wiki/Maxims_of_equity#Between_equal_equities_the_law_will_prevail#Between_equal_equities_the_law_will_prevail"><font size="3"><font face="Times New Roman">16 Between equal equities the law will prevail</font></font></a><font face="Times New Roman" size="3"> </font></li>
<li><a href="http://en.wikipedia.org/wiki/Maxims_of_equity#Between_equal_equities_the_first_in_order_of_time_shall_prevail#Between_equal_equities_the_first_in_order_of_time_shall_prevail"><font size="3"><font face="Times New Roman">17 Between equal equities the first in order of time shall prevail</font></font></a><font face="Times New Roman" size="3"> </font></li>
<li><a href="http://en.wikipedia.org/wiki/Maxims_of_equity#Equity_will_not_complete_an_imperfect_gift#Equity_will_not_complete_an_imperfect_gift"><font size="3"><font face="Times New Roman">18 Equity will not complete an imperfect gift</font></font></a><font face="Times New Roman" size="3"> </font></li>
<li><a href="http://en.wikipedia.org/wiki/Maxims_of_equity#Equity_will_not_allow_a_statute_to_be_used_as_a_cloak_for_fraud#Equity_will_not_allow_a_statute_to_be_used_as_a_cloak_for_fraud"><font size="3"><font face="Times New Roman">19 Equity will not allow a statute to be used as a cloak for fraud</font></font></a></li>
<li><font size="3"><font face="Times New Roman">20 Equity will not allow a trust to fail for want of a trustee </font></font></li>
</ul>
<p><font size="3"><font face="Times New Roman"><a href="http://en.wikipedia.org/wiki/Maxims_of_equity">http://en.wikipedia.org/wiki/Maxims_of_equity</a></font></font></p>
<div id="edn21"><a name="_edn21"></a>[21]<font face="Times New Roman" size="2"> The author, in his representation of debtors, has seen the exercise of each of these rights of creditors in a bankruptcy context.</font>   </p>
<p><a name="_edn21"></a>[22]<font face="Times New Roman" size="2"> <em>Leviathan</em>, Chapter XIII, (1651).</font></div>
<p> </p>
<p><a name="_edn23"></a>[23]<a href="http://www.nytimes.com/2005/03/09/business/09bankruptcy.html?n=Top/Reference/Times%20Topics/People/C/Clinton,%20Bill"><font face="Times New Roman" size="2">http://www.nytimes.com/2005/03/09/business/09bankruptcy.html?n=Top/Reference/Times%20Topics/People/C/Clinton,%20Bill</font></a><font size="2"><font face="Times New Roman">  Utah Senator Orrin Hatch stated: “We are a compassionate nation but we should not be fools. We want to give our neighbors who get in over their heads a chance to get out of their financial troubles. But for some it is a way to avoid personal responsibility. There is something inherently unfair about denying full restitution to creditors.&#8221;</font></font></p>
<p><a name="_edn24"></a>[24]<font face="Times New Roman" size="2"> This shabby theological development appears to be the result of growing religious ignorance.  It appears that the number of religious adherents is inversely proportional to the number of those who actually have any authentic religious knowledge.  The spiritual are everywhere being replaced by the gullible.  I sometimes find myself looking about around for the alien pods that have facilitated this transformation</font></p>
<p><a name="_edn25"></a>[25]<font face="Times New Roman"> Winthrop, John.  “A Model of Christian Charity,”1630:<em> </em>“<span lang="EN">For we must consider that we shall be as a city upon a hill. The eyes of all people are upon us. So that if we shall deal falsely with our God in this work we have undertaken&#8230;we shall be made a story and a by-word throughout the world. We shall open the mouths of enemies to speak evil of the ways of God&#8230;We shall shame the faces of many of God&#8217;s worthy servants, and cause their prayers to be turned into curses upon us til we be consumed out of the good land whither we are going.”</span></font><font face="Times New Roman" size="2"> </font></p>
<div id="edn26"><a name="_edn26"></a>[26]<font size="2"><font face="Times New Roman"> In the Latter-day Saint movement, “Zion” connotes utopian associations with biblical antecedents.  </font></font><a href="http://en.wikipedia.org/wiki/Zion_%28Latter_Day_Saints%29"><font face="Times New Roman" size="2">http://en.wikipedia.org/wiki/Zion_%28Latter_Day_Saints%29</font></a><font face="Times New Roman" size="2"> </font>   </p>
<p><a name="_edn27"></a>[27]<font size="2"><font face="Times New Roman"> Fabiano, Mark, “Terrorism and Its Metaphors,” in <em>Forum “Terror and<br />
</em></font></font><font size="2"><font face="Times New Roman"><em>Fear,” </em>Wright State University at </font></font><a href="http://forum.llc.ed.ac.uk/issue2/fabiano.pdf"><font face="Times New Roman" size="2">http://forum.llc.ed.ac.uk/issue2/fabiano.pdf</font></a><font face="Times New Roman" size="2"> which attributes the phrase “poverty is the worse form of violence to Richard Attenborough’s character Mohandas Gandhi in the 1982 film “Gandhi.”</font></div>
<p><a name="_edn28"></a>[28]<font face="Times New Roman" size="2"> The flight from poverty appears to be yet another form of the futile flight from death into a yet another artifice of denial (see Becker, Ernest. <em>The Denial of Death</em>, 1974).</font></p>
<p><a name="_edn29"></a>[29]<font face="Times New Roman" size="2"> Matt. 26:11; Mark 14:7; John 12:8. </font></p>
<p><a name="_edn30"></a>[30]<font face="Times New Roman" size="2"> Heller, Joseph, <em>Catch 22 </em>(New York: Simon &#038; Schuster), 1961.</font></div>
<p></font></p>
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		<title>THE VARIETIES OF IRRELIGIOUS EXPERIENCE: LECTURE III</title>
		<link>http://www.paultoscano.com/?p=32</link>
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		<pubDate>Wed, 01 Aug 2007 15:04:50 +0000</pubDate>
		<dc:creator>Paul Toscano</dc:creator>
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		<description><![CDATA[QUANTUM ILLUMINATIONS AND ILLUSIONS 
AN ESSAY BY THE PERPLEXED FOR THE BEWILDERED
By Paul Toscano
            Quantum mechanics is currently regarded by nearly every professional physicist as the most scientifically rigorous and coherent means for describing microcosmic and even some macrocosmic phenomena.  Quantum mechanics consists of mathematical equations that predict with astonishing accuracy the strange results of [...]]]></description>
			<content:encoded><![CDATA[<p align="center"><font face="Times New Roman" size="3">QUANTUM ILLUMINATIONS AND ILLUSIONS </font></p>
<p align="center"><font face="Times New Roman" size="3">AN ESSAY BY THE PERPLEXED FOR THE BEWILDERED</font></p>
<p align="center"><font face="Times New Roman" size="3">By Paul Toscano</font></p>
<p><font size="3"><font face="Times New Roman">            Quantum mechanics is currently regarded by nearly every professional physicist as the most scientifically rigorous and coherent means for describing microcosmic and even some macrocosmic phenomena.  Quantum mechanics consists of mathematical equations that predict with astonishing accuracy the strange results of quantum experiments repeatedly performed carefully and precisely by notable scientists since the early 20<sup>th</sup> century in laboratories all over the world.</font></font><a name="_ednref1"></a><font color="#40639d">[1]</font><font size="3"><font face="Times New Roman">   Through these experiments, physicists adduced that Newton’s laws, setting forth the relationship of force, mass, and acceleration, do not apply in the sub-atomic world.  To make sense of the weird quantum phenomena, new equations were developed that expressed these experimental results in terms of blurred probabilities rather than discrete certainties.  Because quantum mechanics undercut and subsumed Newtonian physics, it revealed cracks in the formerly settled and unassailable foundations of scientific and philosophical determinism.   The illuminations of quantum physics rendered obsolete the metaphor of nature as a machine.  Nevertheless, that metaphor persists because, though outmoded, it accords with our perception of the macrocosm and has never been replaced with an image that is both comprehensible and scientifically accurate.  In the absence of a more accurate visual metaphor than a clock, the complex and counter-intuitive illuminations of quantum physics have opened the door to various illusions and speculations regarding the exact nature of physical reality, many of which are pseudo-scientific, even though they are advanced as extensions of quantum theory.  </font></font></p>
<p><font size="3"><font face="Times New Roman">            My discussion of quantum data is presented here only as a foundation for my thesis that certain genuine illuminations of quantum physics have inadvertently encouraged the development and acceptance of certain illusions about reality that are seen by some to justify the misuse and abuse of power in arenas both political and religious. It is this cultural transformation of quantum illuminations into quantum illusions that I wish to explore as a variety of irreligious experience—albeit secular. </font></font></p>
<p><font size="3"><font face="Times New Roman">            Let me first provide some context. Modern science can be said to have been conceived anciently by the early Greeks and midwived during the Enlightenment by Galileo, Bacon, Newton, Descartes, and others.  Nevertheless, in this early period, science remained a mixture of supernatural and natural, theology and philosophy, subjective speculation and objective experimentation.  Newton himself was as interested in metaphysics as physics, in alchemy as chemistry, in the spiritual as the material.  It was only in the comparatively recent 19<sup>th</sup> century that science came of age when the principles of positivism were finally articulated and advanced as the basis of the scientific method.  In 1842, in an effort once and for all to separate science from religion and philosophy, four German physiologists drafted a scientific manifesto in which they “angrily resolved that no forces other than common physico-chemical ones would be considered in their scientific activity.  No spiritual entities.  No divine substances.  No vital forces.”</font></font><a name="_ednref2"></a><font color="#40639d">[2]</font></p>
<p><font size="3"><font face="Times New Roman">            With the clear enunciation of the principles of positivism as the epistemological foundations of the scientific method, science passed from its adolescence into its maturity.  By the end of the 19<sup>th</sup> century, some people entertained briefly the idea that nature had been explained and that physics was at an end.  But anomalies in experimental data persistently defied explanation.  Eventually, exploration of these anomalies led to the development of a new physics.</font></font></p>
<p><font size="3"><font face="Times New Roman">            In the period between 1900 and 1930, the hegemony of Newtonianism was shattered by such breakthroughs as relativity theory and its propositions regarding the equivalence of matter and energy, regarding time and space dilation as the explanation for the constancy of the speed of light in a vacuum from any perspective, and by the bizarre mathematical formulations forced upon reluctant scientists by the results of experiments in the field of particle physics.  This is when the picture of nature as a clock was replaced by a blackboard full of abstruse equations.</font></font></p>
<p><font size="3"><font face="Times New Roman">            To understand why the illuminations of relativity and quantum theory so readily give rise to misconceptions, illusions and pseudo-scientific theories, I will attempt to describe a few of the weird and counter-intuitive concepts of reality accepted by most physicists today.  In doing so, I am mindful of my limitations.  I am not a physicist.  I’m math averse and unqualified and incapable of providing a competent scientific explanation of quantum mechanics. I am a literary man trying to translate into plain English some of the opaque discussions of experts in the quantum field.  Bear with me and keep in mind that my purpose is not to provide a scientifically rigorous description of quantum mechanics, merely one adequate enough to support my critique of certain dangerous derivative popular misconceptions that now influence modern belief-structures sacred and secular. </font></font></p>
<p><font size="3"><font face="Times New Roman">            Let me begin with a description of the attempts of scientists to determine the nature and properties of light.  This began in the 16<sup>th</sup> century with Isaac Newton and Christiaan Huygens.  Newton speculated that light was a particle, while Huygens advanced the counter speculation that light was a wave.  In 1805, Thomas Young</font></font><a name="_ednref3"></a><font color="#40639d">[3]</font><font size="3"><font face="Times New Roman"> conducted an experiment that settled the matter—for a time, anyway.  Young set up a room to serve as a <em>camera oscura</em>.  He manipulated the draperies to cause a beam of light to pass through a single pinhole in a barrier and then onto a screen where the beam created as expected a circle of light.  Young then caused the light beam to pass through two side-by-side slits.  This time the pattern created on the screen was not expected.  Rather than two side-by-side circles of light, there appeared a pattern of light and dark stripes or fringes.  The brightest stripe in the center was flanked by smaller dark stripes, and then—moving away from the center—by alternating thinning bands of light and dark.  This is called the interference pattern.  From it, Young concluded that light was a wave.  </font></font></p>
<p><font size="3"><font face="Times New Roman">            Here’s why. When the light passed through the slits, the light emanating from them formed concentric emanations that radiated out toward the screen.  The bubbling ripples of light from one slit interfered with those from the other; that is, the emanations superimposed or overlapped like the surface ripples caused by two stones dropped simultaneously and proximately in a still pond.  The light stripes on the screen resulted from the confluence of the peaks and troughs of the emanations from the two slits.  The dark stripes occurred where the peaks of the emanations from one slit were neutralized by the troughs of the emanations from the other.  Thomas Young concluded that this interference pattern could only be created by waves. </font></font></p>
<p><font size="3"><font face="Times New Roman">            This seeming triumph of the wave theory of light, however, was short-lived.   At the end of the 19<sup>th</sup> century, two other experiments were conducted whose results contradicted those of Young’s double-slit experiment.  These were Heinrich Rubens’ black-body experiment and Heinrich Hertz’s photoelectric effect. Several complicated descriptions of these experiments have been published.  My descriptions, though not entirely complete or accurate are adequate for this discussion and have the added benefit of being comprehensible. </font></font></p>
<p><font size="3"><font face="Times New Roman">            A black body is an ideal object that perfectly absorbs and emits radiation.  Think of a chunk of metal placed in a closed oven and heated until it glows.  The glow is caused by the emission of waves in the infrared region of the electromagnetic spectrum.  By Newtonian calculations as the black body heats up, the wavelengths should continue to increase in frequency infinitely, thus creating what is called “the ultraviolet catastrophe.”  Fortunately, this does not occur in nature.  At the turn of the 20<sup>th</sup> century, no one knew why it did not.  Also, as the body cools, the wavelengths change as the color reverts from white hot back to cold black.  Precise spectrographic measurements of the cooling body revealed that the frequency of the wavelengths do not diminish on a continuous, sliding scale (like the sound a violin makes when one draws the bow across a single string and then slides a finger up or down that string creating a series of continuous wavelength changes).  Rather, as the heated body cools, the radiant energy diminishes in little jumps (like the sound a piano makes when a pianist runs a thumb down the keyboard, causing the hammers in the action to strike different length strings separately—the jump between the different strings is like the jump in wavelengths of the cooling black body).  The reason for the jumps had no explanation.  The experiment, however, suggested that light was a particle.</font></font></p>
<p><font size="3"><font face="Times New Roman">            The photoelectric effect discovered by Hertz involved the shining of a bright light on certain metal.  The light stimulated the emission of an electric current.  An increase in the intensity or brightness of the light did not increase the current; but changing the wavelength or color of the light did.  This phenomenon had no explanation, but this experiment also suggested that light was a particle.  The question of whether light was a wave or a particle was revived and left unanswered.</font></font></p>
<p><font size="3"><font face="Times New Roman">            Let me now turn to the discovery of the quantum.  In 1900, the conservative German physicist Max Planck, by a brilliant flash of intuition, came up with a mathematical constant to determine the size of the most basic unit of energy for each wavelength in the electro-magnetic spectrum—a size beyond which it could not be reduced.  This basic unit is called the quantum—the minimum size of energy in the universe.  A quantum is to the universe what a penny is to the U.S. monetary system—the smallest denomination possible.  No actual quantification of energy exists in the universe that is less than a quantum any more than an actual exchange of U.S. currency can take place that involves denominations less than a penny.  The discovery of the quantum, as a constant proportional to a given wavelength of energy, has been thoroughly verified.</font></font></p>
<p><font size="3"><font face="Times New Roman">            The discovery of the quantum led to an explanation of the black body effect.  For when the black body was heated, the radiation increased in jumps, but never achieved infinite frequency (the ultraviolet catastrophe); and when the black body cooled, the radiation emitted decreased in discrete quantum jumps as well.  This result was precisely predicted by the application of Max Plank’s constant for determining the quantum size or minimum packet of energy for each wavelength of light in the electromagnetic spectrum.  For this discovery, Plank won the Nobel Prize for physics.  In 1905, Albert Einstein published a paper that applied Plank’s quantum theory to solve the mystery of the photo electric effect by theorizing that it was not the number of quanta (that is, the intensity of the beam of light), but rather the size of the each quantum (that is, size of the particular energy packet of a given wavelength) that, when striking the surface of certain metal plates, caused electrons to be emitted, creating an electric current.  For this discovery, Einstein won the Nobel Prize for physics. </font></font></p>
<p><font size="3"><font face="Times New Roman">            Let me know turn to the wave-particle paradox.  Despite advances made by the discovery of the quantum, the nature of light—particle or wave—remained a mystery.  The double-slit experiment said light is composed of waves.  The black-body and photoelectric experiments said light is composed of energy packets or particles.  As a result of these and many other clever experiments, early 20<sup>th</sup> century physics came to accept that energy and matter, on the microcosmic level, exhibit the contradictory properties of both waves and particles—what some have called “wavicles”.  The wave-particle duality introduced into physics an uneasy and discomforting truce between the rival theories proposed by Huygens and Newton; the duality was accepted as scientifically sound, but left physics in a never-land of indeterminacy—a state of profound paradox.  Physics was becoming weird.</font></font></p>
<p><font size="3"><font face="Times New Roman">            Some preparation for quantum weirdness had already been laid by Einstein’s theory of relativity, which theorized that space and time contract and expand so that the speed of light remains constant in a vacuum from any perspective.  The idea of the constancy of the speed of light at 186,000 miles per second is usually misunderstood by lay people.  This concept does not mean that light travels at a constant rate in a vacuum, the way a car travels on a freeway when the cruise-control is set at, say, 70 miles per hour.  The concept is much weirder than that.  The oddity about light is that it always travels at the same speed no matter which way or how it is measured.  Let me explain.  A light beam moving away from a fixed observer travels at 186,000 miles per second.  But it is also true that if the observer is not fixed, if the observer is chasing the light beam, the chased light beam would still be measured moving away from the chasing observer at 186,000 miles per second.  Even stranger, if the light beam and the observer are moving toward each other, the rate of the light beam will also be measured at 186,000 miles per second.  This is what is meant by the constant speed of light in a vacuum measured from any perspective.  This oddity was explained by Einstein’s theory of relativity by the astounding conclusion that the space-time continuum expands and contracts so that the speed of light remains constant in a vacuum from the perspective of the observer in all these situations.  When the observer chases the light beam, space contracts and time slows so that the beam’s measured speed can never drop below 186,000 miles per second.  When the observer is hurtling toward the beam of light on a collision course, space expands and time speeds up so that the speed of the measured beam can never exceed 186,000 miles per second. This theory was proved by an experiment conducted in 1919 on the Isle Principe during a solar eclipse when dim starlight was measured as it passed close to the mass of the sun and was observed to bend in the presence of the sun’s gravity precisely as predicted by Einstein’s theory, which predicted that space contracts and time dilates in a massive gravitational field and that light passing through such a field of space and time would bend accordingly.  The results of this experiment constituted remarkable evidence of cosmic weirdness that would become a feature of the new physics.   </font></font></p>
<p><font size="3"><font face="Times New Roman">            Further weirdness ensued.  By the 1920s, technology had advanced so that scientists could propel a single quantum of light (i.e., a photon) through Thomas Young’s slitted barrier onto a light-sensitive film where its imprint would be registered for measurement.  Young’s experiment was repeated, only this time with a series of single photons propelled one after another through one of the open slits in the barricade.  When a series of photons was projected one after another like bullets from a gun through an opaque barrier when only one of the slits was open, then over time the pattern produced by the aggregate of photons hitting the film was as expected a circle of light.  However, when single photons were propelled one after another through only one slit of an opaque barrier when both slits were open, then contrary to expectation over time the pattern produced on the film by the aggregate of the photons was the interference pattern of light and dark fringes just as if two photons had passed simultaneously through each of the two slits and then interfered with each other.  </font></font></p>
<p><font size="3"><font face="Times New Roman">            Let me repeat this.  If both slits were open the interference pattern appeared.  If only one slit was open, a circle of light appeared.  This result occurred even though only one photon at a time was propelled through only one slit of a two-slitted barrier.  It was as if the photons “knew” when the other slit was open or closed. This remarkable and troubling result could not be explained by attributing “consciousness” to the photons without subverting the entire edifice of science erected on the theory of positivism.  Physics required a naturalistic explanation for why the interference pattern was produced even though only one photon at a time had been projected through one of the two open slits.  The unanswered question was: What was interfering with the single photon passing through one of the slits of the open double-slitted barrier thus creating the interference pattern?   This question has never been answered to everyone’s satisfaction.  </font></font></p>
<p><font size="3"><font face="Times New Roman">            Let me now turn to the wave function.  In the late 1920s, Niels Bohr, the putative father of quantum physics, proposed a solution of sorts to the weirdness.  His solution was to ignore it.  He refused to attempt to visualize what was taking place in the microcosm of nature as the photons traveled from the photon gun through the double-slitted barrier to the light-sensitive screen.  He would allow only a purely mathematical resolution of the problem.  He focused not on reality, but on the mathematical model.  In this approach he was aided by the work of Erwin Schrödinger, who in 1912 had come up with an equation that represents the quantum or photon a dispersion of numerical probabilities within the strict confines of the pre-determined experimental state.  This formula describes with great precision how those probabilities “collapse” into a discrete number, representing the photon, at the point of detection or measurement.  This equation, called the Schrödinger wave function, has great predictive power.  But it does not provide a description of what is happening in nature between the time the sub atomic wave-particle leaves the gun and the time it is detected by a measuring device.  At this juncture in the history of quantum mechanics, the microcosm could no longer be analogized to a clock.  But no metaphor was readily available to represent what was actually happening in the double-slit experiment. The clock metaphor persisted in the lay world, but was replaced in the world of physics by mathematical expressions beyond the ken of all but a few experts.</font></font></p>
<p><font size="3"><font face="Times New Roman">            Let me now turn to quantum uncertainty.  In 1927, Werner Heisenberg came up with a mathematical formula that expressed the impossibility of measuring simultaneously the momentum and the location of a sub-atomic wave-particle.  This formula, known as the uncertainty principle, has been the subject of much misunderstanding.  The principle does not mean that the subatomic world is uncertain because it is too small to be measured, or that our instruments are too large and clumsy to measure it.  Nor does the principle mean that observation of the microcosm alters the microcosm. The uncertainty principle means that it is not possible mathematically to measure simultaneously the location and momentum of the same wave-particle in the same experimental state.  It also points to the weirdest of all quantum phenomena to which I will turn next.</font></font></p>
<p><font size="3"><font face="Times New Roman">            I will attempt now to describe the phenomena of entanglement.  Scientists were able to isolate and study this phenomenon through the use of the interferometer.  An interferometer is a contraption that allows scientists to propel beams of in-phase sub-atomic particles through half-mirrors that are positioned to split the particle beam, sending the wave-particles along two different trajectories.   Wave-particles in phase are like sympathetically vibrating strings; they are in sync. I can’t fully explain this because the explanations are mathematical and out of my ken.  In phase wave-particles are said to be “entangled.”  Beams of such wave-particles can be split by propelling them at half-mirrors.  Half-mirrors are like tinted windows on cars.  When the light hits such a window some of the light passes through to the interior of the vehicle and some bounces off allowing an observer outside the car to see her own reflection in the window.  If such a half mirror is set at a right angle and a beam of in-phase wave-particles is directed at it, a pre-determined percentage of wave-particles will pass straight through on a straight line trajectory, while others will bound off at a 90 degree angle down another trajectory.  The two beams will then shoot along each of the “L-shaped arms of the interferometer.   It has been discovered by the use of magnets, principally, that any disturbance of an in phase wave-particle traveling down one of the legs of the interferometer will instantly be mirrored by its twin in the other leg of the interferometer.  The reaction occurs instantly as if no space or time differential existed between the two entangled twins.  The instantaneous response of the twin is referred to as “action at a distance,” which Einstein described with the word “spooky.”  It is troubling because it suggest faster than light communication between the in-phase wave-particles without any evidence of causation. This suggest that the wave-particles occupy exist out of space and time as we know it, or exist in some alternate dimension of which we perceive only an intimation. There is no adequate explanation for the phenomenon of entanglement, though quantum equations can predict the outcomes of entanglement experiments with extreme precision.</font></font></p>
<p><font size="3"><font face="Times New Roman">            The last weird quantum concept I will summarize is the notion of hyperspace.  In 1854, the shy and fragile mathematician, George Bernard Riemann gave a paper providing a sound mathematical description that proposed the existence of spatial dimensions beyond the three spatial and one temporal dimension we inhabit.  This concept was revolutionary and had immediate effect upon the popular imagination.  The 4<sup>th</sup> dimension became virtually a household word; the concept could be used to explain everything from ghosts to heaven and eventually to such quantum weirdness as atemporality, aspaciality, and entanglement.  Hyperspace explains some quantum weirdness by increasing the number of spatial dimensions in which such phenomena occur. I cannot explain this except by reference to the famous book <em>Flatland: A Romance Of Many Dimensions</em>, written by Edwin Abbott and published in 1884.  Abbott’s imagined a two-dimensional world in which a circle can exist, but not a sphere. If a sphere passed through Flatland, it would appear first as a point, then as a widening circle until it reached its equator, after which the circles would decrease in diameter reaching a point that would disappear as the sphere exited the plane.  A flatlander could not conceive of a sphere at all, at least not until there was added to Flatland an additional third dimension that would create a three-dimensional space that could contain the totality of the sphere.  Additional dimensions, according to mathematicians, have the same effect on quantum weirdness.  Sadly, we cannot visualize this effect.  These additional dimensions can only be expressed mathematically.  But, apparently, they provide purely mathematical resolutions for some quantum effects.  But there is no experiential proof that such dimensions exist in reality. </font></font></p>
<p><font size="3"><font face="Times New Roman">            These discoveries precipitated the collapse of the view of the universe as a simple machine&#8211;a giant bowling alley or billiard table of planets and stars.  Reality was not only much more complicated, it was beyond visualization.  This notion cries out for an explanation: What is the universe really? Is there a true atom, an ultimate particle that cannot be cut into smaller pieces, a Higgs boson—what has been called a God particle? Is there a set of equations that can elegantly and precisely describe and predict all events, microcosmic and macrocosmic—a unified field theory?  Is there a way to preserve or at least analogize the universe that makes sense of the counter-intuitive outcomes of quantum data that seem desperately in need of a connecting theory?  Most physicists, relying on the assumptions of positivism, deplore such questions.  They do not want to be drawn into metaphysical arguments.  Beginning with Niels Bohr, most quantum physicists view their work as the creation and analysis of experimental measurements for the development of mathematical formulas that accurately describe and predict quantum phenomena.  This is no easy task.  Its fruits are extremely practical and beneficial.</font></font><a name="_ednref4"></a><font color="#40639d">[4]</font><font size="3"><font face="Times New Roman">  But it does not provide a single overarching vision of reality.  In the absence of a single picture of nature, quantum theory provides three scientifically sound but debated “interpretations” of quantum data.  The first of these is the Copenhagen interpretation; the second, the de-Broglie-Bohmian interpretation; and the third is the many worlds interpretation, referred to as MWI, and its variant the many minds interpretation, referred to MMI.  Each of these interpretations assiduously avoids the unscientific notion that quantum mechanics demonstrates that matter-energy is self-conscious and that, therefore, photons are “aware” of their surroundings; each avoids the equally unscientific notion that a superior consciousness is at work in the universe to cause the paradoxical phenomena.  </font></font></p>
<p><font face="Times New Roman"><font size="3">            The Copenhagen interpretation, formulated by Nobel prize-winners Niels Bohr and Werner Heisenberg, is the oldest and most well accepted of the three.  This interpretation avoids any description of nature and restricts itself to</font><span lang="EN"><font size="3"> mathematical descriptions.  It does not attempt to describe the real journey of a photon through the double-slit, but treats the quantum as a mathematical probability, an abstract trajectory, a mathematical construct whose location and momentum cannot be known simultaneously with precision.  Until observed and measured, the quantum exists mathematically <em>at every point along this trajectory of probabilities.</em>  Consequently, a single quantum passes through both slits mathematically <em>in the form of probabilities. </em>Such a mathematical construct tells us nothing about what interferes with the single photon passing through a single slit in the open double-slitted barrier.  The construct only provides a reliable means of predicting how the photons will create an interference pattern on the light-sensitive collecting screen and how the probabilities, when measured at one of the two slits, will collapse to zero, according to Schrödinger’s</font><a name="_ednref5"></a><span lang="EN"><font color="#40639d">[5]</font></span><font size="3"> wave function  formula.</font><a name="_ednref6"></a><span lang="EN"><font color="#40639d">[6]</font></span><font size="3">  The Copenhagenists ignore microcosmic nature because it cannot be visualized, but can be treated as mathematical probabilities—a concept Einstein dismissed with the quip, “God does not play at dice with the universe.”  Einstein and his colleagues challenged the Copenhagen interpretation in a now famous 1935 memorandum called the Einstein, Podolsky, Rosen or EPR paper, which was eventually successfully refuted, leaving the Copenhagen interpretation as the most widely accepted—an interpretation summed up by the motto of its adherents: “shut up and calculate.”</font><a name="_ednref7"></a><span lang="EN"><font color="#40639d">[7]</font></span><br />
</span></font><span lang="EN"><font size="3"><font face="Times New Roman">            The second most popular interpretation, and one that is gaining ground, is the deBroglie-Bohmian interpretation, which departs from the Copenhagen interpretation’s rigorous denial of philosophical concerns with the actual nature of reality and the metaphysical speculations that such concerns necessarily encourage.  This theory was proposed first by Louis deBroglie at the 1927 Solvay conference, where it was rejected for its lack of formal rigor, but again more successfully revived by David Bohm, the American physicist.  It is mathematically identical to the Copenhagen interpretation, but posits the existence of a force of nature that accounts for the split existence of the wave particle at two different locations simultaneously until detection or measurement is made.  The nature of this new force is an unknown or hidden variable that as yet remains undetected.<br />
</font></font></span><span lang="EN"><font size="3"><font face="Times New Roman">            The third and least popular and most controversial interpretation of quantum mechanics is the many worlds interpretation, developed in a doctoral thesis in 1957 by Hugh Everett.</font></font><a name="_ednref8"></a><span lang="EN"><font color="#40639d">[8]</font></span><font size="3"><font face="Times New Roman">   This interpretation claims that the paradoxes of quantum mechanics can be resolved if every potential outcome to every potential event is allowed to exist in its own history, in its own world, that is, in its own objective reality through the mechanism of quantum decoherence (that is,  -splitting) rather than of wave function collapse.  This interpretation posits that every possible event (no matter how small or large) exists objectively in its own universe, requiring the existence of a near infinite number of simultaneous, parallel, non-communicating universes in which each probability is reified into a separate objective existence.  As of this date, there are no practical experiments that would distinguish between MWI and the Copenhagen interpretations.  In the absence of observational data, the choice between them is one of personal taste.</font></font><a name="_ednref9"></a><span lang="EN"><font color="#40639d">[9]</font></span><font size="3"><font face="Times New Roman">  A variant of this interpretation is referred to as the many-minds interpretation, developed in 1970 by H. Dieter Zeh</font></font><a name="_ednref10"></a><span lang="EN"><font color="#40639d">[10]</font></span><font size="3"><font face="Times New Roman">.  MMI, an extension of the MWI, posits the concept that the indeterminacy represented by probability waves does not resolve when wave potentialities collapse into actualities or when potentialities actualize into different objective universes. MMI proposes that at the moment of actualization what is split is not the universe but the appearance of reality; in other words, it is the mind or consciousness of the observer that splits, allowing for different perceptions or different appearances of the objective world.  From this interpretation, the universe is a single objective reality perceived differently by multiple minds or consciousnesses.  This interpretation relies upon the mind-body duality to explicate the weirdness of quantum data.<br />
</font></font></span><span lang="EN"><font size="3"><font face="Times New Roman">            These three interpretations, while scientifically and mathematically sound, pull physics closer to metaphysics, a development of which only a comparatively few scientists and laypersons are aware.</font></font><a name="_ednref11"></a><span lang="EN"><font color="#40639d">[11]</font></span></span><font size="3"><font face="Times New Roman"><span lang="EN"> </span> They tell us that the universe is not a machine and can no longer be accurately described on its most fundamental level as objective or particular.  Probability waves are posited by the Copenhagenists.  An unvisualizable alocal and atemporal microcosm is posited by the deBroglie-Bohmians.  Multiple, non-communicating objective worlds beyond scientific observation are posited by MWI; and a complex of subjective perceptions that place reality beyond the knowable is posited by the MMI variant.</font></font><a name="_ednref12"></a><font color="#40639d">[12]</font><font size="3"><font face="Times New Roman">  Because of their high strangeness, these interpretations have encouraged the notion that quantum theory can serve as a quantifiable, verifiable, and demonstrable basis for religious faiths of various kinds, sacred and secular, a notion that quantum physicists heartily deplore and dispute, but that is advanced by others, such as Gary Zukov in his <em>The Dancing Woo-Li Masters</em> and Fritjof Capra in his <em>The Toa of Physics</em>.</font></font><a name="_ednref13"></a><font color="#40639d">[13]</font><font face="Times New Roman" size="3">  </font></p>
<p><font size="3"><font face="Times New Roman">            The quantum-relativity retreat from Newtonianism and determinism has fueled speculations in the fertile imaginations of many seeking to make sense of a universe that, upon ever-closer examination, becomes not less but more mysterious.  Most of these speculations, unlike the three accepted quantum interpretations, are not grounded in quantum data or mathematics.  Some are products of thoughtful intuition and logical guesswork.  Others are more far fetched.  Yet others are the products of free association or egotism without much support from any science whatsoever.  All of these are perceptions of reality.  Some are clearly unsupported.  Others are more or less harmless, such as those new age religions that borrow heavily from oriental wisdom and belief structures.  Others, however, are clearly toxic because they inexorably lead to or invite practices and experiences that are damaging or despairing, irreligious experiences that attempt to ground themselves in science rather than theology. </font></font></p>
<p><font size="3"><font face="Times New Roman">            At this juncture, I will make a quantum leap—as in <em>Star Wars</em>, when Han Solo’s ship, the Millennium Falcon, vaults into hyper drive.  I will shift from technical descriptions of quantum theory, experiments and data to a critical discussion of what I believe are the two most dangerous misconceptions of the post-modern world.  First is the illusion of absolute freedom and unlimited potential.  And second is the illusion that social chaos can be avoided only by means of such controls as coercion, violence, war and the stimulation and appropriation by the powerful of the fear of death and extinction that exists in the masses of the powerless.</font></font><a name="_ednref14"></a><font color="#40639d">[14]</font></p>
<p><font size="3"><font face="Times New Roman">            I do not believe that these ideas are derived from quantum-relativity theory.  I do believe, however, that such quantum concepts as indeterminacy, uncertainty, and probability have seeped into our consciousness where they contribute to the considerable angst that characterizes the post-modern world.  I understand that such ideas float around in a culture before they solidify either in the accepted wisdom of either the humanities or the sciences.  Certainly some of these notions presented themselves in the form of literature and art before then were advanced in scientific form as discoveries of the new physics.  But quantum-relativity theory has aided and abetted the acceptance and popularization of these ideas in non-scientific arenas, just as Darwinism led to the advance of social Darwinism; just as Freudianism led to the sexual revolution; just as relativity theory aided and abetted the acceptance of situational ethics; and just as computer science has altered our view of intelligence, consciousness and learning.  Powerful ideas, though not always understood clearly or appreciated fully by laypeople, manage somehow to find their way into a culture where they become entangled with perceptions of self and society. These ideas are not always correct.  But, right or wrong, they influence worldviews, causing individuals and institutions to reorder priorities and restructure agendas.</font></font></p>
<p><font size="3"><font face="Times New Roman">            Quantum and relativity theory have put the imprimatur of science on uncertainty, probability, indeterminacy and chaos and, consequently, have exacerbated the post-modern terror of social fragmentation and death.   The notion of indeterminacy and probability, though they tend to inspire optimists, tend also to provoke in pessimists not only fear by the view that the world is out of control, a situation that calls in their minds for the imposition of stricter controls, for near totalitarianism, seasoned with utopian agendas and advanced by misinformation and sentimentality, controls that, experience has shown, nearly always result in the loss of personal identity and individual liberty. </font></font></p>
<p><font size="3"><font face="Times New Roman">            It is no accident, I think, that as the concepts of quantum relativity were being developed and asserted in contradistinction to Newtonian determinism, political and economic efforts were being advanced that promised to re-instill confidence, identity, certainty, orthodoxy, and absolutism in every department of life—essentially to stop the deterioration of modernism, which was giving way to post modernism. As scientists were discovering the uncertainty, relativity, and probability of what appeared to be a mysterious and even chaotic universe, powerful political, economic, social, and cultural opposition to these ideas were marshalling in the form of communism and fascism.  If the world was, as science was apparently discovering, a place of uncertainty, then—despite the naïve and sentimental optimism of believers in human potential, freedom, and dignity—controls had to be enforced against human stupidity, ignorance, incompetence, laziness, selfishness, and greed.  The idea of the noble savage—fine talk for the salons of France—was in some minds clearly a fiction.  Experts needed to be authorized to use force if necessary to see that political, economic and social uncertainties were made certain, that potentialities were limited, and that freedom did not lead to social disruption.  The great dictatorships of the 20<sup>th</sup> century were a reaction to the fear of fragmentation that characterized the post-modern world.  Quantum theory was of course not the source of this sense of deterioration, but it provided scientific validation for uncertainty and relativity by the hardest of the hard sciences. </font></font></p>
<p><font size="3"><font face="Times New Roman">            The way such control is now achieved is through institutions of power that fix outcomes by a process largely invisible to most individuals, but which is the hallmark of totalitarianisms from Hitler’s Germany, to Stalin’s Russia, to Mao’s China, to Pol Pot’s Cambodia.  That process involves the transference of the highest aspirations of the masses to leaders perceived to be invincible or infallible to whom the masses may yield their individual judgment for the alleged benefit of the collective.  In turn, such leaders identify for the masses elusive enemies upon whom the masses can transfer as onto scapegoats all their deepest fears and depraved inclinations.  Such enemies have been identified historically as communists, Jews, homosexuals, intellectuals, feminists, and even democrats—enemies who must be eliminated, by violent means if need be, to assure the collective’s survival, whether that survival is presented in moral terms as purity, in evolutionary terms as progress, in economic terms as prosperity, or in religious terms as being right with God.</font></font></p>
<p><font size="3"><font face="Times New Roman">            Objections to these illusions and the process of violent expiation they encourage may be stated a number of ways:  Forced morality is the greatest of the immoralities.  Authority is not competence.  The power and wisdom of the few can never supercede the power and wisdom of the many.  The innumerable contracts oral and written small and large among individuals and groups cannot be replaced by legislation because legislators can neither comprehend nor account for the numerous specific details involved in the interactions over which they seek to impose control.  Human potential exists, but is not unlimited, despite the endless student commencement speeches to the contrary.  </font></font></p>
<p><font size="3"><font face="Times New Roman">            Of course there is human potential.  But creativity arises not upon the alleged limitless nature of these potentials.  It arises, instead, upon the intellectual and spiritual effort required to see and transcend the restrictions that nature or God impose.  We should not say nor be told that we have unlimited potential because we don’t.  What some of us have is an imagination that must be educated to recognize and work through and around restrictions or, better yet, to use restrictions in creative ways.  This is the role of the humanities, to school the imagination and educate intuition.  But the humanities get short sheeted in modern higher education, where the emphasis is now on careers in science, medicine, law, accountancy, and business.  One of the results of the illusions about human potential is that we no longer see the humanities as the way to educate the young about the structures of logic and language that help to identify limitations and to employ the imagination to overcome them. </font></font></p>
<p><font size="3"><font face="Times New Roman">            As perilous as the belief in unlimited human potential is the belief that chaos will ensue if individual human freedom and initiative are not controlled by social engineering.  Social engineering is to the post modern world what the humanities were to the modern world.  Rather than educate the imagination or school the intuition as did the pre-modern and modern worlds, the post-modern world prefers to train students in the application of approved procedures.  The ability to interpret a text is not valued, while the ability to administer approved protocols is.  We force people to color inside the lines, and then complain when they can’t think outside the box.</font></font></p>
<p><font size="3"><font face="Times New Roman">            Oddly, the more we seek to control the material world, the less we understand and value nature—which is why, ironically, even an interest in quantum physics is beyond most Americans.  The more we believe in unlimited potential, the more hopeless and despairing our world becomes; for “If I have unlimited potential, there’s no hope; because my unlimited potential is insufficient to fill the need.”  The more we seek to engineer utopia, the more we create hell on earth.  The war in Iraq is an example of this delusion gone awry, and clearly not the first.  The more we seek to rid the world of evil by violence, the more evil is generated.  Mormon scripture refers to this as the demonic Master Mahan principle, that of killing to get gain—not only material gain, but to achieve the perceived expiation for our own sins.  </font></font></p>
<p><font size="3"><font face="Times New Roman">            We have been seduced to believe that we must kill to purify, that we must rid the world of sin, that we must sacrifice to God the unrighteous and irredeemable to ensure we will be the last survivors standing and thus prove to ourselves we are worthy to live.  And when we have succeeded, we will lift our eyes upon a sea of rotting corpses and be filled with self loathing and increased guilt—a guilt that will drive us to commit further expiations in blood until we have eradicated ourselves.  Shakespeare summed it up best:</font></font></p>
<pre><font size="2"><font face="Courier New">        And, hark, what discord follows! each thing meets</font></font></pre>
<pre><font size="2"><font face="Courier New">        In mere oppugnancy: the bounded waters</font></font></pre>
<pre><font size="2"><font face="Courier New">        Should lift their bosoms higher than the shores</font></font></pre>
<pre><font size="2"><font face="Courier New">        And make a sop of all this solid globe:</font></font></pre>
<pre><font size="2"><font face="Courier New">        Strength should be lord of imbecility,</font></font></pre>
<pre><font size="2"><font face="Courier New">        And the rude son should strike his father dead:</font></font></pre>
<pre><font size="2"><font face="Courier New">        Force should be right; or rather, right and wrong,</font></font></pre>
<pre><font size="2"><font face="Courier New">        Between whose endless jar justice resides,</font></font></pre>
<pre><font size="2"><font face="Courier New">        Should lose their names, and so should justice too.</font></font></pre>
<pre><font size="2"><font face="Courier New">        Then every thing includes itself in power,</font></font></pre>
<pre><font size="2"><font face="Courier New">        Power into will, will into <strong>appetite</strong>;</font></font></pre>
<pre><font size="2"><font face="Courier New">        And <strong>appetite</strong>, an universal wolf,</font></font></pre>
<pre><font size="2"><font face="Courier New">        So doubly seconded with will and power,</font></font></pre>
<pre><font size="2"><font face="Courier New">        Must make perforce an universal prey,</font></font></pre>
<pre><font size="2"><font face="Courier New">        And last eat up himself. <em>Troilus and Cressida, Act 3, Scene 1. </em></font></font></pre>
<p><font face="Times New Roman" size="3" /><font face="Times New Roman" size="3"><font size="3"><font face="Times New Roman">            I will conclude with a few eccentric observations the pertinence of which may not at first be apparent to you.  I find it both disturbing and alluring that the earliest Christian texts not only assert the divinity of Jesus, but his refusal to expiate by killing; he is depicted instead as expiating through his own willingness to be sacrificed:  “Greater love hath no man than that he should lay down his life for his friends.”  Simone Weil, a Jew converted to Christianity, did not feel she could enter heaven until everyone else had entered ahead of her.  This was the view of numerous mystics and thinkers, both theists and non-theists alike, from St. Francis, to Karl Barth, to Martin Buber.  I find it somehow comforting that we cannot know with certainty.  Truth is not available to us directly. Truth must be intuited.  We cannot look upon truth any more than we can see our own faces.  We see truth through a half-mirror, darkly.  We are likely to become the slaves of our perceptions unless we recognize them for what they are: tentative, incomplete, unreliable, unsteady, and paradoxical.  I find it amusing that we can make mathematical models of the universe that allow us to use it without understanding it.  We can analogize the cosmos to music, analogize the vibrations in an overtone series to quantum probability waves, and analogize a single note to a subatomic particle.  And yet we remain unable to imagine the possibility that a vibration may precede the existence of a string.  We can analogize the quanta to the preverbal prattle of an infant whose expression of meaning and intonation appears to precede vocabulary and syntax.  And yet we remain unable to imagine how the prattle can precede the baby.  Our inability to conceive an acausal or simultaneous reality is a failure of imagination.  We are unable to accept the stuff that dreams are made on or nightmares either.  I find it somehow compelling that we are pressed always by change, by the need to change, to give scope to others to change.  Change alone is constant, as constant as the speed of light, moving, defying any attempts to catch and hold it, even in our understanding.  I find it deeply troubling that our incapacity to see reality for what it is promotes fear, principally the fear of death, the fear of extinction, the fear of the cessation of reality.  Death is the frightful uncertainty we seek to avoid by creating and retreating into artifices of control, not only in theologies and hypotheses, but in churches, corporations, tribes, families, and nation-states.  We want to identify with these because they do not die, we think.  We think that by these identifications we can avoid the unavoidable.  Of course, death can be postponed, but usually by the visitation of death upon others.  It cannot be transcended, not by mortals.  Its inevitability should not be denied, but rather embraced and endured.</font></font></p>
<p><font size="3"><font face="Times New Roman">            I promised you a quantum leap and a jump into hyper drive.  I hope I did not disappoint, even if I left you perplexed and bewildered.  Let me close with this final observation: False certainties can be asserted by secularists and religionists alike, from the most scientific to the most superstitious.  It is the arrogance of such certainties that lies at the heart of the varieties of irreligious experience that I have explored with you in this lecture series. Thank you for listening to me. </font></font></p>
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<p align="center"><font face="Times New Roman" size="3">Endnotes</font></p>
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<div id="edn1"><a name="_edn1"></a><font color="#40639d">[1]</font><font face="Times New Roman"><font size="2"> </font>F. Paschen, O.R. Lummer, Ernst Pringsheim, Heinrich Rubens, and F. Kurlbaum and that were later formulated into a coherent scientific theory by such notables as Max Plank, Niels Bohr, Werner Heisenberg, Erwin Schrödinger, Max Born,  David Bohm,  J. S. Bell, Hugh Everett, and H. Dieter Zeh.<br />
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<div id="edn2"><a name="_edn2"></a><font color="#40639d">[2]</font><font face="Times New Roman"><font size="3"> </font>Jaynes, Julian.  <em>The Original of Consciousness in the Breakdown of the BiCameral Mind</em>. Boston: Houghton Mifflin, Co., 1977 at p. 435.   There were also cultural harbingers of what would become quantum theory.  For evidence of this proposition, one need look no further than the speculations for many in this audience a regional and probably national figure, Joseph Smith, Jr., the founding Prophet, Seer, and Revelator of Mormonism.   On December 27, 1832, while in Kirtland, Ohio, Smith claimed to have received the following description of Christ’s divine nature:<br />
</font>  </p>
<blockquote><p>
<font face="Times New Roman">                6 He that <sup>a</sup>scended up on high, as also he <sup>d</sup>escended below all things, in that he <sup>c</sup>omprehended all things, that he might be in all and through all things, the <sup>d</sup></font><a title="D&#038;C 93: 2 (2, 8-39); TG Light; TG Truth." href="http://scriptures.lds.org/en/dc/88/6d"><font face="Times New Roman" color="#40639d">light</font></a><font face="Times New Roman"> of truth;<br />
</font><font face="Times New Roman">                7 Which truth shineth. This is the <sup>a</sup></font><a title="Moro. 7: 19 (15-19); D&#038;C 84: 45; D&#038;C 93: 36; TG God, Spirit of; TG Light of Christ." href="http://scriptures.lds.org/en/dc/88/7a"><font face="Times New Roman" color="#40639d">light</font></a><font face="Times New Roman"> of Christ. As also he is in the sun, and the light of the sun, and the power thereof by which it was <sup>b</sup></font><a title="Gen. 1: 16; TG Creation; TG Jesus Christ, Creator; TG Jesus Christ, Power of." href="http://scriptures.lds.org/en/dc/88/7b"><font face="Times New Roman" color="#40639d">made</font></a><font face="Times New Roman">.<br />
</font><font face="Times New Roman">                8 As also he is in the moon, and is the light of the moon, and the power thereof by which it was made;<br />
</font><font face="Times New Roman">                9 As also the light of the stars, and the power thereof by which they were made;<br />
</font><font face="Times New Roman">                10 And the earth also, and the power thereof, even the earth upon which you <sup>a</sup></font><a title="Moses 2: 1." href="http://scriptures.lds.org/en/dc/88/10a"><font face="Times New Roman" color="#40639d">stand</font></a><font face="Times New Roman">.<br />
</font><font face="Times New Roman">11 And the light which shineth, which giveth you light, is through him who enlighteneth your eyes, which is the same light that quickeneth your <sup>a</sup></font><a title="TG Understanding." href="http://scriptures.lds.org/en/dc/88/11a"><font face="Times New Roman" color="#40639d">understandings</font></a><font face="Times New Roman">;<br />
</font><font face="Times New Roman">12 Which <sup>a</sup></font><a title="1 Tim. 6: 16; TG Light of Christ." href="http://scriptures.lds.org/en/dc/88/12a"><font face="Times New Roman" color="#40639d">light</font></a><font face="Times New Roman"> proceedeth forth from the presence of God to <sup>b</sup></font><a title="Ps. 139: 7 (7-12); Jer. 23: 24." href="http://scriptures.lds.org/en/dc/88/12b"><font face="Times New Roman" color="#40639d">fill</font></a><font face="Times New Roman"> the immensity of space—<br />
</font><font face="Times New Roman">13 The <sup>a</sup></font><a title="Col. 1: 17 (16-17)." href="http://scriptures.lds.org/en/dc/88/13a"><font face="Times New Roman" color="#40639d">light</font></a><font face="Times New Roman"> which is in all things, which giveth <sup>b</sup></font><a title="Deut. 30: 20; D&#038;C 10: 70; TG Jesus Christ, Creator." href="http://scriptures.lds.org/en/dc/88/13b"><font face="Times New Roman" color="#40639d">life</font></a><font face="Times New Roman"> to all things, which is the <sup>c</sup></font><a title="Job 38: 33 (1-41); D&#038;C 88: 38 (36-38); TG God, Law of." href="http://scriptures.lds.org/en/dc/88/13c"><font face="Times New Roman" color="#40639d">law</font></a><font face="Times New Roman"> by which all things are governed, even the <sup>d</sup></font><a title="2 Cor. 4: 7; TG Jesus Christ, Power of." href="http://scriptures.lds.org/en/dc/88/13d"><font face="Times New Roman" color="#40639d">power</font></a><font face="Times New Roman"> of God who <sup>e</sup></font><a title="Ps. 47: 8; Rev. 7: 15." href="http://scriptures.lds.org/en/dc/88/13e"><font face="Times New Roman" color="#40639d">sitteth</font></a><font face="Times New Roman"> upon his throne, who is in the bosom of eternity, who is in the midst of all things.  (Doctrine &#038; Covenants, Section 88:4-13.)<br />
</font>
</p>
</blockquote>
<p><font face="Times New Roman"><font face="Times New Roman"><font face="Times New Roman">Here the divine nature of Christ is equated with light, the foundation of creation  that “is in an through all things;” it is the light of the sun, the moon, and the stars, the power of God; it is the light of enlightenment or consciousness; it proceeds from its divine source to fill the immensity of space, giving life and order to the cosmos.  This same Mormon scripture states:<br />
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<blockquote><p>
<font face="Times New Roman">37 And there are many <sup>a</sup></font><a title="D&#038;C 76: 24; Moses 1: 33." href="http://scriptures.lds.org/en/dc/88/37a"><font face="Times New Roman" color="#40639d">kingdoms</font></a><font face="Times New Roman">; for there is no <sup>b</sup></font><a title="TG Astronomy." href="http://scriptures.lds.org/en/dc/88/37b"><font face="Times New Roman" color="#40639d">space</font></a><font face="Times New Roman"> in the which there is no <sup>c</sup></font><a title="TG Order." href="http://scriptures.lds.org/en/dc/88/37c"><font face="Times New Roman" color="#40639d">kingdom</font></a><font face="Times New Roman">; and there is no kingdom in which there is no space, either a greater or a lesser kingdom.<br />
</font><font face="Times New Roman">                38 And unto every kingdom is given a <sup>a</sup></font><a title="Job 38: 33 (1-41); D&#038;C 88: 13; TG God, Law of." href="http://scriptures.lds.org/en/dc/88/38a"><font face="Times New Roman" color="#40639d">law</font></a><font face="Times New Roman">; and unto every law there are certain bounds also and conditions.<br />
</font><font face="Times New Roman">. . . .<br />
</font><font face="Times New Roman">                42 And again, verily I say unto you, he hath given a <sup>a</sup></font><a title="Dan. 2: 21 (19-22, 28); Abr. 3: 9; TG God, Law of; TG Order." href="http://scriptures.lds.org/en/dc/88/42a"><font face="Times New Roman" color="#40639d">law</font></a><font face="Times New Roman"> unto all things, by which they move in their <sup>b</sup></font><a title="Abr. 3: 4 (4-19); TG Nature; TG Time." href="http://scriptures.lds.org/en/dc/88/42b"><font face="Times New Roman" color="#40639d">times</font></a><font face="Times New Roman"> and their seasons;<br />
</font><font face="Times New Roman">                43 And their courses are fixed, even the courses of the heavens and the earth, which comprehend the earth and all the planets.<br />
</font><font face="Times New Roman">                44 And they give <sup>a</sup></font><a title="TG Light." href="http://scriptures.lds.org/en/dc/88/44a"><font face="Times New Roman" color="#40639d">light</font></a><font face="Times New Roman"> to each other in their times and in their seasons, in their minutes, in their hours, in their days, in their weeks, in their months, in their years—all these are <sup>b</sup></font><a title="Ps. 90: 4; 2 Pet. 3: 8." href="http://scriptures.lds.org/en/dc/88/44b"><font face="Times New Roman" color="#40639d">one</font></a><font face="Times New Roman"> year with God, but not with man.<br />
</font><font face="Times New Roman">                45 The earth <sup>a</sup></font><a title="Hel. 12: 15 (8-15)." href="http://scriptures.lds.org/en/dc/88/45a"><font face="Times New Roman" color="#40639d">rolls</font></a><font face="Times New Roman"> upon her wings, and the <sup>b</sup></font><a title="Gen. 1: 16; D&#038;C 76: 71 (70-71); Abr. 4: 16." href="http://scriptures.lds.org/en/dc/88/45b"><font face="Times New Roman" color="#40639d">sun</font></a><font face="Times New Roman"> giveth his light by day, and the moon giveth her light by night, and the stars also give their light, as they roll upon their wings in their glory, in the midst of the <sup>c</sup></font><a title="D&#038;C 88: 13 (7-13)." href="http://scriptures.lds.org/en/dc/88/45c"><font face="Times New Roman" color="#40639d">power</font></a><font face="Times New Roman"> of God.  </font></p>
<p><font face="Times New Roman"><font face="Times New Roman"><font face="Times New Roman"><font face="Times New Roman"><font face="Times New Roman">In March of 1833, Joseph Smith wrote the following:<br />
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<font face="Times New Roman">29 Man was also in the <sup>a</sup></font><a title="Prov. 8: 23; Abr. 3: 18; TG Man, Antemortal Existence of; TG Man, Potential to Become Like Heavenly Father." href="http://scriptures.lds.org/en/dc/93/29a"><font face="Times New Roman" color="#40639d">beginning</font></a><font face="Times New Roman"> with God. <sup>b</sup></font><a title="TG God, Intelligence of; TG Intelligence." href="http://scriptures.lds.org/en/dc/93/29b"><font face="Times New Roman" color="#40639d">Intelligence</font></a><font face="Times New Roman">, or the <sup>c</sup></font><a title="TG Light." href="http://scriptures.lds.org/en/dc/93/29c"><font face="Times New Roman" color="#40639d">light</font></a><font face="Times New Roman"> of <sup>d</sup></font><a title="TG Truth." href="http://scriptures.lds.org/en/dc/93/29d"><font face="Times New Roman" color="#40639d">truth</font></a><font face="Times New Roman">, was not <sup>e</sup></font><a title="TG Creation." href="http://scriptures.lds.org/en/dc/93/29e"><font face="Times New Roman" color="#40639d">created</font></a><font face="Times New Roman"> or made, neither indeed can be.<br />
</font><font face="Times New Roman">                30 All truth is independent in that <sup>a</sup></font><a title="D&#038;C 77: 3." href="http://scriptures.lds.org/en/dc/93/30a"><font face="Times New Roman" color="#40639d">sphere</font></a><font face="Times New Roman"> in which God has placed it, to <sup>b</sup></font><a title="2 Ne. 2: 14 (13-26)." href="http://scriptures.lds.org/en/dc/93/30b"><font face="Times New Roman" color="#40639d">act</font></a><font face="Times New Roman"> for itself, as all intelligence also; otherwise there is no existence. . . .<br />
</font><font face="Times New Roman">                . . . .<br />
</font><font face="Times New Roman">                33 For man is <sup>a</sup></font><a title="John 4: 24; D&#038;C 77: 2; Abr. 5: 7 (7-8); TG Man, a Spirit Child of Heavenly Father; TG Spirit Body; TG Spirit Creation." href="http://scriptures.lds.org/en/dc/93/33a"><font face="Times New Roman" color="#40639d">spirit</font></a><font face="Times New Roman">. The elements are <sup>b</sup></font><a title="TG Eternity." href="http://scriptures.lds.org/en/dc/93/33b"><font face="Times New Roman" color="#40639d">eternal</font></a><font face="Times New Roman">, and <sup>c</sup></font><a title="D&#038;C 138: 17; TG Eternal Life; TG Joy; TG Resurrection." href="http://scriptures.lds.org/en/dc/93/33c"><font face="Times New Roman" color="#40639d">spirit</font></a><font face="Times New Roman"> and element, inseparably connected, receive a fulness of joy;<br />
</font><font face="Times New Roman">34 And when <sup>a</sup></font><a title="2 Ne. 9: 8 (8-10); TG Spirits, Disembodied." href="http://scriptures.lds.org/en/dc/93/34a"><font face="Times New Roman" color="#40639d">separated</font></a><font face="Times New Roman">, man cannot receive a fulness of joy.<br />
</font><font face="Times New Roman">                35 The <sup>a</sup></font><a title="Gen. 2: 7; Morm. 9: 17; D&#038;C 77: 12." href="http://scriptures.lds.org/en/dc/93/35a"><font face="Times New Roman" color="#40639d">elements</font></a><font face="Times New Roman"> are the <sup>b</sup></font><a title="2 Pet. 1: 13; D&#038;C 88: 41 (12, 41, 45)." href="http://scriptures.lds.org/en/dc/93/35b"><font face="Times New Roman" color="#40639d">tabernacle</font></a><font face="Times New Roman"> of God; yea, man is the tabernacle of God, even <sup>c</sup></font><a title="TG Body, Sanctity of." href="http://scriptures.lds.org/en/dc/93/35c"><font face="Times New Roman" color="#40639d">temples</font></a><font face="Times New Roman">; and whatsoever temple is <sup>d</sup></font><a title="Mark 7: 15; 1 Cor. 3: 17 (16-17); Titus 1: 15; 2 Ne. 19: 17." href="http://scriptures.lds.org/en/dc/93/35d"><font face="Times New Roman" color="#40639d">defiled</font></a><font face="Times New Roman">, God shall destroy that temple.<br />
</font><font face="Times New Roman">                36 The <sup>a</sup></font><a title="TG God, Glory of; TG Jesus Christ, Glory of." href="http://scriptures.lds.org/en/dc/93/36a"><font face="Times New Roman" color="#40639d">glory</font></a><font face="Times New Roman"> of God is <sup>b</sup></font><a title="D&#038;C 130: 18; Abr. 3: 19; TG God, Intelligence of; TG Intelligence." href="http://scriptures.lds.org/en/dc/93/36b"><font face="Times New Roman" color="#40639d">intelligence</font></a><font face="Times New Roman">, or, in other words, <sup>c</sup></font><a title="D&#038;C 88: 7 (6-13)." href="http://scriptures.lds.org/en/dc/93/36c"><font face="Times New Roman" color="#40639d">light</font></a><font face="Times New Roman"> and truth (</font><font face="Times New Roman">D&#038;C 93:29-30, 33-36).<br />
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<p><font face="Times New Roman" /><font face="Times New Roman"><font face="Times New Roman">Ten years later in May of 1843, Joseph Smith clarified and muddied his cosmology by revealing that:</font></p>
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<font face="Times New Roman">7 There is no such thing as immaterial matter. All <sup>a</sup></font><a title="TG Spirit Body; TG Spirit Creation." href="http://scriptures.lds.org/en/dc/131/7a"><font face="Times New Roman" color="#40639d">spirit</font></a><font face="Times New Roman"> is matter, but it is more fine or pure, and can only be discerned by <sup>b</sup></font><a title="D&#038;C 76: 12; D&#038;C 97: 16; Moses 1: 11." href="http://scriptures.lds.org/en/dc/131/7b"><font face="Times New Roman" color="#40639d">purer</font></a><font face="Times New Roman"> eyes;<br />
</font><font face="Times New Roman">8 We cannot <sup>a</sup></font><a title="D&#038;C 129: 8." href="http://scriptures.lds.org/en/dc/131/8a"><font face="Times New Roman" color="#40639d">see</font></a><font face="Times New Roman"> it; but when our bodies are purified we shall see that it is all <sup>b</sup></font><a title="D&#038;C 77: 2; Moses 3: 5 (5-9)." href="http://scriptures.lds.org/en/dc/131/8b"><font face="Times New Roman" color="#40639d">matter</font></a><font face="Times New Roman">.<br />
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<p><font face="Times New Roman"><span /></font></p>
<p><font face="Times New Roman">Such rarified cosmological speculations, suggesting the equation of energy and matter, and energy and consciousness, from other as diverse as Emmanuel Swedenborg and William Wordsworth floated freely in the 19<sup>th</sup> century air.<br />
</font><font face="Times New Roman" size="2"> </font></p>
<div id="edn3"><a name="_edn3"></a><font color="#40639d">[3]</font><font face="Times New Roman"><font size="2">  </font>Thomas Young was one of several individuals to be designated as “the last man to know everything.” He was born on June 14, 1773 and died on May 10, 1829.  His career was, by modern standards, a phenomenon.  The tenth child of a Quaker family of Milverton, Somerset, he had by age 14 learned Greek, Latin, French, Italian, Hebrew, Chaldean, Syriac, Samaritan, Arabic, Persian, Turkish, and Ahrmaric.  He studied medicine in 1792 (at age 19), and obtained a doctor of physics decree in 1796 (at age 23), the same year he entered Emmanuel College, Cambridge.  He worked on the Rosetta Stone translation.  He authored articles on various subjects in the <em>Encyclopedia Britannica.  </em>He was a member of the Royal Society and the Board of Longitude.  He was by all measurements an overachiever.  In 1805, he was the first person ever to conduct what has been referred to since as “the double-slit experiment,” that proved that light was a wave.</font>  </p>
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<div id="edn4"><a name="_edn4"></a><font color="#40639d">[4]</font><font face="Times New Roman"> Let me liken this effort to something familiar and unpleasant to us all:  the reconciliation of bank accounts.  Let your monthly bank statement represent the verified, peer-reviewed results of carefully and precisely repeated quantum experiments.  Let your personal check register represent the mathematical expression of quantum theory.  Let the discrepancies between your bank statement and your check register represent the disturbing disconnect between the results of quantum experiments and the expectations of quantum theory.  Let the addition of earned interest (calculated by variable interest rates) and the subtraction of various bank charges and fees represent such factors as the speed of light in a vacuum, Plank’s constant, the application of squares, square roots, cubes and cube-roots, of the number of <em>pi, </em>and the weird repetition of the number 137.  The business of physics like the business of bank statement reconciliation consists of the proper application of factors to numerical formulations in order to reconcile such formulations (whether check registers or quantum equations) with reality (whether bank statements or quantum experimental results).  This view of quantum physics is practical and down to earth.<br />
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<div id="edn5">   </p>
<p><a name="_edn5"></a><font color="#40639d">[5]</font><font face="Times New Roman"> Erwin Rudolf Josef Alexander Schrödinger (born August 12, 1887; died January 4, 1961), an Austrian physicist in the field of quantum mechanics who won the 1933 Nobel Prize for his development in 1925 of the Schrödinger equation. <br />
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<div id="edn6">   </p>
<p><a name="_edn6"></a><font color="#40639d">[6]</font><font face="Times New Roman"> This formula, the Schrödinger equation, is to quantum mechanics what Newton’s second law is to classical mechanics.  To mathematically describe a quantum event, a body of mathematical formulations is necessary.  At the heart of this mathematical description is the concept of a quantum state and a quantum observable, which are radically different from states and observables used in classical models of physical reality.  In quantum mechanics, the mathematics employed is used to describe a system composed of states; each state of the system is described by a unit vector in a complex Hilbert space.  This state vector encodes the probabilities for the outcomes of all possible measurements applied to the system.  As the state of a system generally changes over time, the state vector is a function of time.  The Schrödinger equation provides a quantitative description of the rate of change of the state vector.<br />
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<div id="edn7">   </p>
<p><a name="_edn7"></a><font color="#40639d">[7]</font><font face="Times New Roman"> Even before Niels Bohr proposed this theory between 1927 and 1929, the breakdown of Newtonian physics and the hegemony of metaphysical determinism had already begun.  The traditional view of nature as solid and certain, was already being replaced with the view that nature, at its foundations, consists not of objective certainty but (contrary to all expectation) of subjective probability—which suggested to some willing to take a leap of faith the possibility of consciousness and free-will as inherent elements of reality.  This was not then and is not now a necessary or acceptable scientific interpretation of quantum theory.<br />
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<div id="edn8">   </p>
<p><a name="_edn8"></a><font color="#40639d">[8]</font><font face="Times New Roman"> Hugh Everett III (born November 11, 1930; died July 19, 1982) a somewhat ill-starred American physicist who first proposed the many worlds interpretation of quantum physics, which he called his “relative state” formulation.  He left physics after completing his Ph.D., discouraged by the lack of response to his theories from other physicists.<br />
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<div id="edn9">   </p>
<p><a name="_edn9"></a><font color="#40639d">[9]</font><font face="Times New Roman"> There has been proposed a<span lang="EN"> rather dramatic test of MWI: create a machine that kills a human subject if a random quantum decay occurs; if the MWI is true, the subject will still be alive in the world where the decay did not occur and would feel no interruption in the stream of consciousness; by repeating this process a number of times, the subject’s continued consciousness would be arbitrarily unlikely unless MWI were true and therefore the  subject remained alive in all universes where the random decay was on the subject’s side, thus, from the subject’s view making him/her immune to death.  But if MWI were not true, the subject would be dead in the one universe in which he/she existed.  But how could the results of this experiment every be verified?</span><br />
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<div id="edn10">   </p>
<p><a name="_edn10"></a><font color="#40639d">[10]</font><font face="Times New Roman"> Heinz-Dieter Zeh (born 1932) a theoretical physicist and professor emeritus of the University of Heidelberg; he developed the many minds interpretation of quantum mechanics and was instrumental in the to developments in the field of quantum decoherence.<br />
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<div id="edn11">   </p>
<p><a name="_edn11"></a><font color="#40639d">[11]</font><font face="Times New Roman"> <span lang="EN">Each of these interpretations though internally consistent assumes that consciousness is a derivative of matter/energy and is a secondary phenomenon in the objective universe.  Those who employ these quantum theories to support traditional religious faith as well as “new age religion,” including faith in a supernatural world, in life after death, and in the unlimited potential of human beings do so by inverting the scientific assumption that consciousness is an epiphenomenon and by assuming, instead, that mind or </span>consciousness is either primary or coequal an inherent feature of the universe.  These theories reintroduce vitalism[11] into science contrary to accepted assumption of scientific positivism[11] that science cannot study what is not observable, measurable, and verifiable, leaving the subject observer beyond observability without itself being objectified, thus losing its subjective character.<br />
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<div id="edn12">   </p>
<p><a name="_edn12"></a><font color="#40639d">[12]</font><font face="Times New Roman"> These scientifically accepted interpretations of quantum mechanics place the phenomena of reality beyond the limits of observation and measurement of science itself.  Quantum mechanics, thus, represents a body of science that undercuts the primary assumption of science by demonstrating that reality is not observable or knowable except in terms of probabilities, as mysterious operations, as unreachable universes, or as multiple-perceptions of an inaccessible reality.<br />
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<div id="edn13">   </p>
<p><a name="_edn13"></a><font color="#40639d">[13]</font><font face="Times New Roman">  The equivalency of matter and energy, the dilation of time and space, the quantization of reality, the wave-particle duality, the uncertainty principle, the tested phenomenon of entanglement, and the concept of hyperspaces have posited a scientific basis for a retreat from philosophical determinism and have called for a reassessment of the privileging of positivism and materialism.<br />
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<div id="edn14">   </p>
<p><a name="_edn14"></a><font color="#40639d">[14]</font><font face="Times New Roman"> In this part of my paper, I rely heavily upon the work of Ernest Becker, Pulitzer Prize winning author of <em>The Denial of Death </em>and also of the brilliant and compact study published posthumously entitled <em>Escape From Evil—</em>two works whose importance to the understanding of the danger of these illusions cannot be overstated.<br />
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		<title>THE VARIETIES OF IRRELIGIOUS EXPERIENCE: LECTURE II</title>
		<link>http://www.paultoscano.com/?p=31</link>
		<comments>http://www.paultoscano.com/?p=31#comments</comments>
		<pubDate>Wed, 01 Aug 2007 14:52:33 +0000</pubDate>
		<dc:creator>Paul Toscano</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.paultoscano.com/?p=31</guid>
		<description><![CDATA[
EMPTYING THE FULLNESS OF THE PRIESTHOOD[1] 
 
 
By Paul Toscano
In the Judeo-Christian-Islamic tradition God is said to transcend sex and gender.  Notwithstanding, God is presented as male, referred to by the masculine pronoun, assumed to be patriarchal, and possessed of male attributes, characteristics, and preferences.  In Christianity, God incarnates as Jesus, whose male body is crucified, dies, [...]]]></description>
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<p align="center"><font face="Times New Roman">EMPTYING THE FULLNESS OF THE PRIESTHOOD</font><a name="_ednref1"></a>[1]<font face="Times New Roman" size="3"> </font></p>
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<p align="center"><font face="Times New Roman" size="3">By Paul Toscano</font></p>
<p><font face="Times New Roman" size="3">In the Judeo-Christian-Islamic tradition God is said to transcend sex and gender.  Notwithstanding, God is presented as male, referred to by the masculine pronoun, assumed to be patriarchal, and possessed of male attributes, characteristics, and preferences.  In Christianity, God incarnates as Jesus, whose male body is crucified, dies, is buried, and rises again as the first fruits of the resurrection.  A male trinity is presented as creating and sustaining the world it will eventually judge.  Christian men have been privileged to serve as evangelists, prophets, pastors, priests, kings, thinkers and theologians.  With rare exceptions, Christian women have been generally underprivileged as pleasure-providers, producers of children, care-givers, nurturers, menials, and sometimes slaves.  Only in modern times and only among the most liberal believers have questions been raised and changes made in the traditional religious power structure in which males assume a superior right to divine authority, privilege, and power, including the power to define as subordinate, dependent and derivative the spirituality and religious roles of women.  The subjugation of women to men in religious systems is the variety of irreligious experience I wish to address today by way of an unusual, historical example of gender equality in a religious community.  I refer to the fact that, near the end of Joseph Smith’s life and under his claim of revelation, Mormon women for a very brief period received equal priesthood power with men and participated as co-equal authorities in the highest governing body of the church—only to be stripped of these powers and privileges after Smith’s death.</font></p>
<p><font face="Times New Roman" size="3">Religions and religious ideas do not die in the world until they have first died in the hearts of believers.  A religion may be born in a day, but its death takes place slowly, by degrees, protracted over decades, often over centuries, as its advocates and adherents surrender its substance and replace it with the most conservative convictions of its ambient culture.  Despite the growth of the Church of Jesus Christ of Latter-day Saints, many of the religious teachings of Joseph Smith<u> </u>have been dying for 163 years.  Their demise began shortly after his murder on June 27<sup>th</sup> of 1844 when his final vision of joint and equal priesthood fullness for men and women was dealt three fatal blows inflicted in the period between August of 1844 and February of 1846.  These blows were intended only to exclude women from church governance.  But their effect was far more deleterious.  By restricting females from the exercise of their portion of priesthood power, their male counterparts effectively divested themselves of the very priesthood fullness that was Joseph Smith’s crowning revelation to the church.</font><a name="_ednref2"></a>[2]</p>
<p><font face="Times New Roman" size="3">Ordination to the priesthood in its fullness in Mormonism is a multi-step process:  First, the keys of the fullness of the priesthood are endowed in the temple upon both men and women by investiture in the robes of the priesthood and by the transmittal to the initiates of the oaths, names, signs, tokens, and (formerly) penalties that comprise the ritual elements of the temple endowment ceremony.</font><a name="_ednref3"></a>[3]<font size="3"><font face="Times New Roman">  Then, by the exercise of these keys, the fullness of the priesthood is sealed upon the endowed, thus making their calling and election sure.  This sealing is accomplished by the washing of feet, by a second anointing upon the man and woman jointly, and by the washing of the anointed man by the anointed woman by which she confers upon him the powers of the resurrection so she may have claim upon him in next world, a ritual done in imitation of the washing of Jesus by Mary Magdalene</font></font><a name="_ednref4"></a>[4]<font face="Times New Roman" size="3"> that echoed the resurrection of the male god Osiris by the goddess Isis, his sister-wife.</font><a name="_ednref5"></a>[5]<font size="3"><font face="Times New Roman">   The sealing of the man and woman seals them and their children to eternal life.</font></font><a name="_ednref6"></a>[6]<font size="3"><font face="Times New Roman">  This sealing of the fullness of the priesthood upon the man and woman must be perfected, in other words completed not by human agency but by a private theophany in which the sealing of this priesthood is confirmed upon the man and woman by an oath and covenant by God’s own voice out of the heavens.</font></font><a name="_ednref7"></a>[7]<font size="3"><font face="Times New Roman">  By these ordinances, those who have accepted the gospel by being born again of water and of the spirit are brought, at least symbolically, to the fullness of the gospel—that is, to full maturation to become –in the words of the New Testament&#8211;kings and queens, priests and priestesses unto God.</font></font><a name="_ednref8"></a>[8]<font size="3"><font face="Times New Roman">  This liturgy constitutes the apex of Joseph Smith’s restoration of gospel ordinances. </font></font></p>
<p><font size="3"><font face="Times New Roman">Beginning in 1842, Joseph Smith began the process of calling and anointed first men and eventually women to the fullness of the priesthood; and in September of 1843, he organized selected husbands and wives into the Anointed Quorum, which for a short period acted as the highest governing body of the church.  </font></font></p>
<p><font face="Times New Roman" size="3">Within a year after Joseph’s death, Brigham Young, Heber C. Kimball, and Willard Richards with the acquiescence of the Quorum of Twelve Apostles denied to Mormon women participation in the governance of the church at the highest level, ceased ordaining women to the fullness of the priesthood on an equal footing with men, and dissolved the female Relief Society as a priesthood organization.</font><a name="_ednref9"></a>[9]<font size="3"><font face="Times New Roman">  These decisive acts—deathblows actually—virtually obliterated Mormon women’s claim to priesthood and quickly reinstated in Mormonism the prior familiar religious pattern of male dominance.</font></font></p>
<p><font face="Times New Roman" size="3">The first of these blows was delivered at the trial of Sidney Rigdon</font><a name="_ednref10"></a>[10]<font size="3"><font face="Times New Roman"> when church leaders failed to consider the pre-eminent claim of the Quorum of the Anointed as the rightful successor to Joseph Smith.  Several successorship claims were made.  The two most notable of these were, first, the claim of Sidney Rigdon, the surviving member of the church’s First Presidency, who claimed to be Smith’s successor and “guardian” of the church and, second, Brigham Young’s claim on behalf of the Twelve Apostles.  Other claims were also circulated on behalf of the Council of Fifty, the High Council of Zion, and such individuals as William Smith, Joseph’s obstreperous brother, and James Strang.  </font></font></p>
<p><font size="3"><font face="Times New Roman">Shortly after the murders of Joseph Smith and his brother Hyrum, Brigham Young returned from the east coast to Nauvoo and made efforts to bring Rigdon to Young’s way of thinking about the future leadership of the church, but to no avail.  Despite these efforts, Rigdon apparently held secret meetings and anointed and ordained his own leadership contingent.  These efforts were opposed by Young, as president of the Council of the Twelve Apostles.  Rigdon was charged with apostasy, and his excommunication trial was arranged and held outdoors in Nauvoo in August of 1844 before a large assembly of Latter-day Saints.  The account of this trial appeared in the September 1844 edition of the church publication, <em>The Times and Seasons.<br />
</em></font></font><font face="Times New Roman" size="3">The trial was conducted by the twelve male members of the High Council of the Nauvoo Stake, which had replaced the presiding High Council of Zion and which held jurisdiction over the organized congregations or stakes of the church.</font><a name="_ednref11"></a>[11]<font size="3"><font face="Times New Roman">  The members of the Council of Twelve Apostles, with jurisdiction over the missions of the church, appeared as witnesses against Rigdon.  William Marks, president of the Nauvoo Stake, presided.  Rigdon spoke first to the assembled Saints.  After a recess, Brigham Young addressed the assembly and stated: “if the people want President Rigdon to lead them they may have him; but I say unto you that the Quorum of the Twelve have the keys of the kingdom of God in all the world.”</font></font><a name="_ednref12"></a>[12]<font size="3"><font face="Times New Roman">  Young predicated the successorship claim of the Twelve on the fact that they had received not only their temple endowment but their second anointings to the fullness of the priesthood, while Rigdon had only been endowed but not anointed and was, in the Twelve’s estimation, unauthorized and unqualified to act as Smith’s successor.  The charge was also made that Rigdon had anointed some of his supporters to the office of king and priest, an office to which he himself had not been anointed.  </font></font></p>
<p><font face="Times New Roman" size="3">No one ever countered this charge by asserting the fact that Joseph Smith and Emma Smith had also been anointed by someone who had not himself been anointed or else by someone who had been anointed by someone who had not been anointed.  There is no way out of this trap, except by invoking a modified version of the pattern used at the time of the first Mormon baptisms conducted in 1829, when the unbaptized Joseph Smith baptized Oliver Cowdery.  The pattern in Mormonism is for the individual with primary priesthood authority to perform an ordinance for a second person, who would then administer that same ordinance for the first.  Rigdon had received his temple endowment and, through that ceremony, had arguably been invested with the keys of the fullness of the priesthood, including the priesthood authority to administer the second anointing to others.  Rigdon may have believed he could authoritatively anoint others, who then would be authorized to anoint him.  Of course, it could be counter-argued that this pattern could only be employed by Joseph Smith. But with both Joseph and Hyrum Smith dead, Rigdon may have thought that, as the remaining member of the First Presidency, he had as strong a claim to employ this pattern as anyone else. </font></p>
<p><font face="Times New Roman" size="3">There is no evidence that Rigdon made this argument at his trial.  And this concept itself was anticipated and blocked at the trial by, among others, Apostle William W. Phelps, who on August 8, 1844, stated: </font></p>
<p><font face="Times New Roman" size="3">. . . there is a quorum that the Twelve belong to. I brought President Rigdon into that quorum, and he received in part the blessings.  I could not bear the thought of President Rigdon going into the world without his endowment.  He did obtain part, and I hope he will submit.</font><a name="_ednref13"></a>[13]</p>
<p><font size="3"><font face="Times New Roman">  </font></font></p>
<p><font face="Times New Roman" size="3">This statement implies that the superior successorship claim was not that of the Quorum of the Twelve but of the quorum “that the Twelve belong to,”  namely, the Quorum of the Anointed, organized by Joseph Smith on September 23, 1843, the very day he and Emma received their second anointings as the joint presidency of that Quorum.</font></p>
<p><font face="Times New Roman" size="3">Historian D. Michael Quinn points up the risk the apostles took in basing their successorship claim on their second anointings.  The risk arose from the fact that the unambitious William Marks,</font><a name="_ednref14"></a>[14]<font face="Times New Roman" size="3"> a supporter of Rigdon, had received his second anointing before any of the apostles, including Young, and had received it directly under the hand of Joseph Smith, which the apostles had not.</font><a name="_ednref15"></a>[15]<font face="Times New Roman" size="3">   If seniority mattered, then Marks had the senior claim in the Anointed Quorum to succeed Joseph once he and his brother Hyrum, Joseph’s designated heir apparent, were dead.</font></p>
<p><font face="Times New Roman" size="3">Quinn explains that, at the time of the martyrdom, there did not exist a clear scriptural or prophetic statement that could have settled the succession question and that the best claims were asserted by the Quorum of the Twelve with jurisdiction of the missions and branches of the church, by the presiding High Council of Zion (reformed as the High Council of Nauvoo) with jurisdiction over the organized Stakes of Zion, by the First Presidency through its surviving member Sidney Rigdon,</font><a name="_ednref16"></a>[16]<font face="Times New Roman" size="3"> and by the Council of Fifty, organized in March 1844 by Joseph Smith as a nascent theocratic organization—the living constitution of the political Kingdom of God with aspirations of establishing sovereignty beyond the then jurisdictional boundaries of the United States.  Note that the Anointed Quorum does not appear in this list.  Historians have not forefronted the theological arguments for an independent succession claim by the Anointed Quorum of kings and priests and queens and priestesses.  Quinn, however, carefully documents that, from the date when Joseph and Emma Smith were the first couple to receive their second anointings and became presiding members of the Anointed Quorum—that is, after September 28, 1843—the Anointed Quorum for a time functioned as the highest theocratic body and was “a forum for political strategy.”</font><a name="_ednref17"></a>[17]<font size="3"><font face="Times New Roman">  Quinn reports that:<u><br />
</u></font></font><font face="Times New Roman" size="3">On November 15 [1843] the men and women of “the quorum” approved [Joseph Smith’s] plan for a “Petition to Congress,” and “a proclamation to the kings of the earth.  Such decisions were made by the formality of “a vote” after the “true order of prayer” and the announcement of God’s revelation on the subject [notes in the original excluded].</font><a name="_ednref18"></a>[18]</p>
<p><font face="Times New Roman" size="3"><font face="Times New Roman" size="3"><font face="Times New Roman" size="3">Quinn further notes that:</font></font></font><font face="Times New Roman" size="3"><font face="Times New Roman" size="3" /></font><font face="Times New Roman" size="3"><font face="Times New Roman" size="3"></p>
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<font size="3"><font face="Times New Roman">At the Anointed Quorum’s regular Sunday prayer meeting of 3 December 1843 Smith presented his <em>Appeal</em>.  It “was dedicated by prayer after all had spoken upon it.”  Of the thirty-eight members of the quorum at this time, “all [were] present, except Hyrum and his wife.”  This meeting, the previous one in November, and upcoming meetings in February and March (1844) were the only known instances where women participated with men in Mormon theocracy.  Smith was not sustained as president of the quorum until the day his wife Emma became the first woman to join [notes in the original excluded].</font></font><a name="_ednref19"></a>[19]
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<p><font face="Times New Roman" size="3">Quinn also reports that in the month following Joseph Smith’s murder, the Anointed Quorum met on several occasions to consider the installation of William Marks, president of the presiding High Council at Nauvoo, as trustee-in-trust and president of the church.</font><a name="_ednref20"></a>[20]</p>
<p><font face="Times New Roman" size="3">It is now accepted that Joseph Smith charged the Quorum of the Twelve to be his successors.  But in reaching this conclusion perhaps insufficient attention has been paid to Bathsheba W. Smith’s averments made 59 years after the martyrdom and set forth in her affidavit of November 9, 1903, which states:</font></p>
<p><font face="Times New Roman" size="3">In the year 1844, a short time before the death of the Prophet Joseph Smith, it was my privilege to attend a regular prayer circle meeting in the <s>lodge</s> upper room over the Prophet’s store.  There were present at this meeting most of the Twelve Apostles, their wives and a number of other prominent brethren and their wives.  On that occasion the Prophet arose and spoke at great length, and during his remarks I heard him say that he had conferred on the heads of the Twelve Apostles all the keys and powers pertaining to the Priesthood, and that upon the heads of the Twelve Apostles the burden of the Kingdom rested, and that they would have to carry it.</font><a name="_ednref21"></a>[21]</p>
<p><font face="Times New Roman" size="3"><font face="Times New Roman" size="3"><font face="Times New Roman" size="3">This statement appears to be corroborated by Benjamin F. Johnson, who reported that Joseph Smith stood in the “presence of the Quorum of the Twelve <em>and others</em> who were encircled around him “ and “rose and spoke at length” about  “his life and sufferings, and of the testimonies he had borne.”</font><a name="_ednref22"></a>[22]<font size="3"><font face="Times New Roman">  Wilford Woodruff apparently recording this same event, added that Joseph Smith’s face appeared “as amber, and he was covered with a power that [Woodruff] had never seen in the flesh before.” Woodruff then reports Joseph Smith’s statement that: </font></font></font></font><font face="Times New Roman" size="3"><font face="Times New Roman" size="3" /></font><font face="Times New Roman" size="3"><font face="Times New Roman" size="3"></p>
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<font face="Times New Roman" size="3">. . . the Lord had now accepted his labors and sacrifices, and did not require him any longer to carry the responsibilities and burden and bearing off of this kingdom, and turning to those around him, including the 12, he said, “And in the name of the Lord Jesus Christ I now place it upon you my brethren of the council and I shake my skirts clear from all responsibility from this time forth.” </font>
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<p><font size="3"><font face="Times New Roman">These three witnesses recollect hearing Joseph place the burden of leadership on others and presumed those other to be male apostles alone.  Bathsheba Smith specifically averred that Joseph charged the Twelve, while Wilford Woodruff recalled that Joseph “turning to those around him, including the 12” charged his “brethren of the council.”    </font></font></p>
<p><font size="3"><font face="Times New Roman">            Supporters of the claim of the Twelve as successors to Joseph Smith rely on these and other recollections of Joseph Smith’s “last charge,” purportedly given on March 23, 1844, either in a meeting of the Council of Fifty organized on March 11, 1844</font></font><a name="_ednref23"></a>[23]<font face="Times New Roman" size="3"> or in a meeting of the Quorum of the Twelve that had been organized in 1835.</font><a name="_ednref24"></a>[24]<font size="3"><font face="Times New Roman">   Some historians question whether this “last charge” was actually given at all and, if given, they dispute the questions of when, where, and to whom.  Quinn provides a rigorously documented account of the 1844 succession crisis and notes that no supporter of the claim of the Twelve at Rigdon’s trial that August mentioned Joseph Smith’s “last charge.”  This omission has given rise to the speculation that the last charge had never been given, at least not publicly.  Nevertheless, over the next 50 years at least thirteen witnesses attested to having heard it, including Bathsheba Smith, Benjamin Johnson, and Wilford Woodruff.</font></font><a name="_ednref25"></a>[25]<font face="Times New Roman" size="3">   Quinn believes that these witnesses, though sincere, had confused two events: Joseph Smith’s remarks given at a conference held on 16 August 1841 and the testimony of the apostles given at Rigdon’s August 1844 trial.</font><a name="_ednref26"></a>[26]<font size="3"><font face="Times New Roman"> This confusion regarding the fact, and the time and place of this charge, can also be extended to its meaning.  People tend to perceive the past as that past is later received and understood. These recollections of the “last charge” were undoubtedly influenced by intervening interpretations that supported the succession claim of the male apostles of the Council of the Twelve as the superior claim.  </font></font></p>
<p><font size="3"><font face="Times New Roman">Nevertheless, the recollections of Bathsheba Smith, Benjamin Johnson, and Wilford Woodruff, when analyzed, can be seen to contain words and phrases that belie the received view that Joseph intended his successors to be male apostles only.  Woodruff recalls that the charge was given to the “brethren of the council,” not just to the apostles.   Johnson recalls that there were “others” present.  Bathsheba Smith specifically recalls that Joseph’s charge was made in the presence of the male leaders <em>and their wives </em>and that Joseph placed the burden of the kingdom on those upon whom he had conferred “all the keys and powers pertaining to the Priesthood.”  Together these recollections suggest that Joseph Smith’s charge was not given exclusively to male members of the Twelve, of the Council of Fifty, or of the High Council of Zion.  Bathsheba Smith further attests that Joseph’s charge took place at “a regular prayer circle meeting,” where he laid the “burden of the kingdom” on those who held “all the keys and powers pertaining to the Priesthood,” that is, on those who had received the second anointing, which can only be conferred upon the man and the woman jointly.  The only meeting that fits this description is one of the Anointed Quorum, a meeting of anointed husbands and wives.  </font></font></p>
<p><font face="Times New Roman" size="3">I am aware of no historical records that demonstrate conclusively that Joseph’s last charge was given to the Anointed Quorum.  However, the meetings of this Quorum were secret.  For this reason, mention of Joseph’s last charge may have been likewise kept secret and, for this reason, not mentioned at the trial of Sidney Rigdon.  The charge may have been misunderstood by some of its hearers as referencing only the Twelve.  The historical record may have later been manipulated to reinforce what became the accepted view of the Twelve as Joseph’s legitimate successors, an idea consonant with the standard perception of the New Testament apostles’ ecclesiastical role after the death of Jesus.  This traditional view may have then been bolstered by the proclivity of religious men to make and the predilection of both religious men and women to hear statements of theology and authority as directives by men to men. </font></p>
<p><font face="Times New Roman" size="3">This paper, however, is not primarily an historical one—though I rely on the work of historians.  It is primarily theological.  From that perspective, there can be little doubt that the Anointed Quorum held the highest and fullest revelation of priesthood prior to Joseph Smith’s death because its members, male and female, had been anointed to the fullness of the priesthood.  As such it may have had the best successorship claim.  It appears to have occurred to no one in the immediate post-martyrdom period and to very few in later decades that, despite the male-centered language of contemporaneous and later historical documents, theologically, the joint second anointing of women as queens and priestesses placed them on an equal and necessary footing with kings and priests, conferring on such women the fullness of apostleship and empowering the female members of the Anointed Quorum and their male counterparts with supreme authority over both Mormon temporal and spiritual affairs.  This theological interpretation of the fullness of the priesthood, suggested in 1984 by Margaret Toscano in her <em>Sunstone </em>article “The Missing Rib: The Forgotten Place of Queens and Priestesses in the Establishment of Zion,”</font><a name="_ednref27"></a>[27]<font face="Times New Roman" size="3"> recognizes the indispensability of the female portion of that priesthood and of  female participants in the Anointed Quorum as the supreme theocratic body entitled to review, pray over, and approve the revelations that are to serve as the doctrines, policies, and practices of the church and kingdom of God.</font></p>
<p><font face="Times New Roman" size="3">Theologically, the succession crisis following Joseph Smith’s murder was a contest among rival anointed males about which of their councils was divinely authorized to assume the mantle of the prophet&#8211;a conflict without theological significance.  For so long as those individuals directing the affairs of the church and kingdom of God held the fullness of the priesthood, regardless of the quorum through which they acted, the executive power could be said to be divinely authorized—except for one small problem.  For the fullness of the priesthood to have efficacy, virtue, and force, anointed men and women had to act jointly.   The revelation of priesthood fullness required the participation not only of anointed kings and priests but of anointed queens and priestesses.  None of the parties involved in the succession crisis in that troubled late-summer of 1844 made any mention whatsoever of the co-equal rights granted to those women who had been jointly anointed queens and priestesses and were co-members of the Anointed Quorum.  No one then considered the potential succession claim of Emma Smith, a claim that could have been asserted based on her joint anointing with Joseph Smith as co-president of the Anointed Quorum.  No matter which body of fully anointed males succeeded Joseph Smith, that claim could have no theological validity unless it was also staked on behalf of the fully anointed females.  Theologically, the inclusion of women at this highest level of the development of LDS doxy and LDS praxis is probably without parallel in the history of Christianity even though, as noted by Quinn, the actual theocratic function of the Anointed Quorum lasted only a few months, not long enough to establish it as a permanent Mormon ecclesiastical institution. But by December of 1845, the Quorum of the Anointed no longer met as an ecclesiastical body and women no longer participated in the theocratic activities of the highest council of the church.</font><a name="_ednref28"></a>[28]<font size="3"><font face="Times New Roman">  This act instantiated the failure of fully anointed males to recognize the indispensability of fully anointed females and constituted the first death blow to Joseph Smith’s revelation of priesthood fullness. </font></font></p>
<p><font face="Times New Roman">A second blow was inflicted in December of 1845, when the language of the second anointing was changed so that women began to be anointed not “priestesses unto God” but “priestesses unto their husbands.”  During Joseph Smith’s lifetime, beginning with the anointing of the first female, Emma Smith, women had been anointed priestesses and men had been anointed priests <em>unto God</em>.  This fact is implied in the September 28, 1843, anointing of Joseph and his “Companion,” as recorded in the minutes of the Meetings of the Anointed Quorum:<br />
</font><font face="Times New Roman">Baurak Ale [Joseph Smith] was by common consent and unanimous voice chosen President of the Quorum &#038; anointed &#038; ordained to the highest and holiest order of the priesthood (&#038; Companion) D[itt]o.</font><a name="_ednref29"></a>[29]<br />
<font face="Times New Roman"> </font></p>
<p><font face="Times New Roman">Joseph’s “Companion” has been identified as his first wife, Emma Hale Smith.</font><a name="_ednref30"></a>[30]<font face="Times New Roman"> The reference to Emma’s second anointing is veiled in the phrase “Companion D[itt]o.”  The “D[itt]o, however, indicates more than that Emma Smith was anointed with her husband Joseph.  “D[itt]o” implies that the same language was used in the anointing of both Joseph and Emma, in other words, that he was anointed a priest and king <em>unto God </em>and she a priestess and queen <em>unto God</em>.  The “D[itt]o indicates that the ritual language used did not place Emma in a subordinate position to her husband Joseph in the priesthood or in the Quorum.  It is not likely that, at this juncture in their marriage, Emma would have tolerated anything less than equal treatment.  The implication of equal priesthood status for women was made explicit by Heber C. Kimball in the entry in his diary where he recorded his and his wife Vilate’s second anointing:</font></p>
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<p align="left"><font face="Times New Roman" size="3">My self [Heber C. Kimball] and wife Vilate was announted Preast and Preastest [Priestess] unto our God under the Hands of B[righam]. Young and by the voys [voice] of the Holy Order. –Heber C. Kimball, Diary, entry dated February 1, 1844.</font><a name="_ednref31"></a>[31]<font face="Times New Roman" size="3"> </font>
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<p><font face="Times New Roman" size="3"><font face="Times New Roman" size="3"><font face="Times New Roman" size="3">Records of second anointings, however, show that after the death of Joseph Smith women were anointed “priestesses unto their husbands.”  This was done, apparently, in response to the blame placed on some women for the apostasy of some men.  According to Heber C. Kimball, speaking in the Nauvoo Temple to an endowment company on December 21, 1845: </font></font></font><font face="Times New Roman" size="3"><font face="Times New Roman" size="3" /><font face="Times New Roman" size="3"><font face="Times New Roman" size="3" /></font></font><font face="Times New Roman" size="3"><font face="Times New Roman" size="3"><font face="Times New Roman" size="3"></p>
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<font face="Times New Roman" size="3">Females were not received when we first received the Holy order[.] Men apostatized, being led by their wives[.] if any such cases occur again no more women will be admitted[.]</font><a name="_ednref32"></a>[32]
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<p><font size="3"><font face="Times New Roman">This statement is an apparent attempt to justify the exclusion of women from the holy order of those anointed to priesthood fullness.  William Clayton recorded the foregoing entry in Heber Kimball’s diary and then editorialized upon Kimball’s remarks as follows:  </font></font></p>
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<font face="Times New Roman" size="3">He [Kimball] spoke of the Necessity of Women being in subjection to their husbands[.] I am subject to my God, my wife is in subjection to me and will reverence me in my place and I will make her happy I do not want her to step forward and dictate to me any more than I dictate to Pres[ident]. Young[.]</font><a name="_ednref33"></a>[33]
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<p><font face="Times New Roman">After December 1845, women were no longer anointed priestesses “unto God,” but were regularly anointed and ordained priestesses “unto their husbands,” thereby placing them individually in an inferior position to their husbands and creating of all such anointed women a class inferior to all anointed men.<br />
</font><font face="Times New Roman" size="3">The third blow to women’s claim to priesthood was dealt by Brigham Young when he suspended for 23 years the meetings and operations of the Relief Society</font><a name="_ednref34"></a>[34]<font face="Times New Roman" size="3"> as an institution intended by Joseph Smith to serve as a female priesthood organization, a “kingdom of priestesses.”</font><a name="_ednref35"></a>[35]<font face="Times New Roman" size="3">  Eventually, the Relief Society was reconstituted, but not as an organization of female priests.  It was organized as an independent women’s organization.</font><a name="_ednref36"></a>[36]<font face="Times New Roman" size="3"> But even stripped of priesthood, male church leaders could not tolerate for long women’s independence even as a church auxiliary.  Under the priesthood correlation program of Harold B. Lee, the Relief Society was in the 1970s further stripped of its independent auxiliary status, its separate fund raising power, its autonomous <em>Relief Society Magazine</em>, and the life-time tenure of its president thereby reducing it to its current status as a subordinate ecclesiastical department dominated by male priesthood leaders and male leadership quorums.</font></p>
<p><font face="Times New Roman" size="3">These three blows—the replacement of the Anointed Quorum of males and females anointed to the fullness of the priesthood with the all-male quorum of the Twelve, the anointing of women as priestesses unto their husbands rather than as priestesses unto God, and the suspension of the Relief Society as an independent but essential priesthood organization for women—reduced women to second class citizenship, a status that continues to justify the idea that men alone are divinely ordained to serve God, while women are divinely ordained to serve their husbands who are ordained to serve God.</font></p>
<p><font face="Times New Roman" size="3">This view that women should be excluded from priesthood and ecclesiastical authority is one I am ashamed to say I held myself.  The incident occurred in the early 1970s when I was an unmarried counselor in the presidency of the 1969-1970 BYU 10<sup>th</sup> Stake Men’s Mutual Improvement Association.  My line leader, the president of the stake MMIA, was married to the President of the stake Young Women’s Mutual Improvement Association.  He was an absentee leader due to his employment commitments. In his absence, his wife, whom I shall call Sister Wilson, assumed the leadership.  As Brother Wilson’s first counselor, I tolerated Sister Wilson’s leadership but just barely, not in my mind because she was a mere women—I actually did have some respect for women then—but because in my view she dominated the meetings and insisted on presenting week after week a series of nonsensical plans for the operation of the stake MIA that would have consumed nearly all of the working and study time of the student members of the stake.  You see, she had nothing else to do but spend her lonely nights and days dittoing up a kingdom.  I reached the breaking point in one meeting when she again assumed the right to preside in her husband’s absence.  This time I blocked her by telling her that in her husband’s absence I as his first counselor and not she presided.  She objected.  I then shamefully and wrongfully pulled the priesthood card:  “Sister Wilson,” I enunciated coldly as if from a great height, “You do not preside until the last deacon is dead.”  This story circulated through the stake, and I was not chastised for it.  It was accepted as a statement of conventional wisdom.</font></p>
<p><font size="3"><font face="Times New Roman">This view I had inherited from Brigham Young—the view that a mature woman, wife, and mother has less status in the church than her 12-year-old deacon son.  I have come to realize, like the heroines in many of the short stories that used to appear in the defunct <em>Relief Society Magazine</em>—I came to realize that the denigration of the priestly authority and power of Mormon women represents a very specific example of that singular and widespread variety of irreligious experience that privileges the male over the female.  I cannot help but speculate how women would have influenced church history had their participation in its highest councils not been denied, had their ordinations not been subordinated to their husbands’, and had the Relief Society remained a “kingdom of priestesses.”  </font></font></p>
<p><font face="Times New Roman" size="3">Under the direction of fully anointed men and women as co-equal partners in church leadership, would there have been a more prominent place for the Heavenly Mother?  Would a theology of a mother in heaven have been developed? </font><a name="_ednref37"></a>[37]<font face="Times New Roman" size="3"> Would such a theology have fortified the notion of an equal place for women in the church specifically and in the larger culture generally?   Would the church have been more eager to advocate social justice for outcasts?</font><a name="_ednref38"></a>[38]<font face="Times New Roman" size="3">  Would the church have opposed the Equal Rights Amendment?</font><a name="_ednref39"></a>[39]<font face="Times New Roman" size="3">   Would it have withheld assistance from the unworthy poor?</font><a name="_ednref40"></a>[40]<font face="Times New Roman" size="3">   Would it have tolerated the preference for young LDS men over young LDS women in matters of missions and careers and financial independence?</font><a name="_ednref41"></a>[41]<font face="Times New Roman" size="3">  Would it have remained silent about the deprivation of health care particularly from children and single mothers?</font><a name="_ednref42"></a>[42]<font face="Times New Roman" size="3">   Would it have allowed the de-emphasis of one of Mormonism’s most appealing doctrines—the denial of hell?  Would it have failed to emphasize the corollary teaching—the doctrine of universal salvation?</font><a name="_ednref43"></a>[43]<font size="3"><font face="Times New Roman">  Would it have so quickly and thoroughly organized itself according to the corporate paradigm?  Would it have adopted homophobic and misogynistic assumptions and rhetoric?  Would it have joined the LDS church’s ultra-conservative religious rivals seeking to impose Christian nationalism on a secular nation and seeking to scapegoat and war against other religious traditions?</font></font><a name="_ednref44"></a>[44]<font face="Times New Roman" size="3">  Had women of power and authority been allowed to exercise the fullness of the priesthood on an equal footing with men, would the prophetic voice of Joseph Smith have been so thoroughly marginalized and muffled?  Questions like these can be raised in any conservative religious group where men are privileged and women are not.</font></p>
<p><font face="Times New Roman" size="3">It appears clear to me that Joseph Smith spoke in a prophetic voice when he attempted at his life’s end to reverse the age-old privileging of males with priesthood and the relegation of females to lay status.  His attempt, as much as any text he produced, support his claim to be a prophet—in the social sense at least, if not in the divine sense.  Joseph Smith was an iconoclast.  His way was to uproot, even what he himself had planted and to topple even what he himself had built.  No institution can endure such a voice for long.  The introduction of new doxy and new praxis, the revising of sacred texts, the reinvention of theologies—this is too much even for willing followers in a radical religious movement.  Eventually there must ascend leaders who speak in a priestly voice to smooth, homogenize, tranquilize and encourage allegiance to the status quo.  Where the prophetic voice cracks old icons, priestly voices create new ones.  Where the prophetic voice dispels amnesia, priestly voices induce it.  Where the prophetic voice instigates dissatisfaction, priestly voices condemn it.  Priests promote virtues and condemn vices; a prophet exposes the vices of virtue and the virtues of vice.  Priests call adherents to obedience; a prophet speaks to posterity—sometimes remote posterity&#8211;seeking to renew an outworn faith after its well-intentioned advocates are dead, its promises shattered, and its assumptions, aspirations, and expectations lay in shambles.  The prophetic voice warns of desolations of abomination invisible to priests, assumes the inevitability of the collapse of the present order, and seeks with radical words to conjure for posterity out of the embers of its past the phoenix of a new meaning, consolation and hope.  The priest proclaims rebirth.  A prophet proclaims the imminent death that must precede any form of resurrection.  From a prophetic perspective, then, the traditional place of women in subservient religious roles must change.  The long-standing notion of an exclusively male priesthood must die so that it may be born again in gender-neutral terms.  Those who say otherwise speak as priests duty-bound to preserve an outworn orthodoxy.  The patriarchal image of the powerless religious woman must be seen for what it is—an outmoded icon; and in its place must be enshrined the image of the woman of power, as depicted in the Revelation of St. John, the Divine. </font></p>
<p><font face="Times New Roman" size="3">It is understandable for priests to chafe at the irritating and irrational words of a prophet. It is reasonable for them to condemn the prophetic voice.  But such responses are likely to be unavailing in the face of ineluctable change.  For change comes to us all.  Death comes to us all.  It comes to kingdoms—and to prophets, priests and priestesses, queens and kings.  It came to the King of kings.  It comes to believers and unbelievers alike. “The moving finger writes, and having writ moves on. Nor all your piety or wit shall lure it back to cancel half a line, nor all your tears wash out a word of it.”</font><a name="_ednref45"></a>[45]<font size="3"><font face="Times New Roman"> Neither natural persons nor artificial persons incorporate as tribes, nations, states, churches, military complexes, or corporations can escape either death or the hope of rising again.  </font></font></p>
<p><font size="3"><font face="Times New Roman">Had fully anointed men and women presided over the LDS church for the last 163 years, perhaps the contours of church policy would not have taken the ultraconservative shape the have assumed.  Perhaps church members would be less tolerant of male privileging and more tolerant of a politics of gender equity.  Perhaps, Mormon life would be less focused on purity by exclusion and more willing to embrace diversity and paradox, more willing to live in harmony with the beauty and ferocity of life and death and less inclined fretfully to insulate themselves from them by denials and controls.  Perhaps those aware of and touched by the final priesthood teachings of the prophet Joseph Smith would find not fear but illumination in his prophetic declaration made in the name of the Lord of gender equality.  </font></font></p>
<p><font face="Times New Roman" size="3">Is it too late for such a revelation?  The June 1978 revelation that extended Mormon priesthood to black males would suggest not.  But such a revelation extending priesthood to women is unlikely to come from mere priests.  It would require a prophetic voice willing to part the veil of Mormon tradition and reveal in the final teachings of Joseph Smith the divine imperative for gender symmetry and egalitarianism, the same imperative that rustles subversively throughout all scripture and surfaces eloquently in the high poetry of Isaiah’s prophetic proclamation that in the latter days “every valley shall be exalted, every mountain and hill made low, the crooked straight, and the rough places plain.”</font><a name="_ednref46"></a>[46]</p>
<div>
<hr align="left" width="33%" size="1" />    </p>
<div id="edn1"><a name="_edn1"></a><u><font size="2"><font face="Times New Roman">ENDNOTES<br />
</font></font></u><font face="Times New Roman" size="2"> </font>    </p>
<p>[1]<font face="Times New Roman" size="2"> This essay is an extension of an argument proposed by Margaret Toscano in Chapter 16 “A Kingdom of Priestesses” in Toscano and Toscano, <em>Strangers in Paradox: Explorations in Mormon Theology </em>(Salt Lake City: Signature Books)  1990, p.191 (hereinafter “<em>Strangers”)</em>: “Joseph’s vision of priesthood faded quickly after his death.”</font></div>
<div id="edn2"><a name="_edn2"></a>[2]<font face="Times New Roman" size="2"> D. Michael Quinn, <em>The Mormon Hierarchy: Origins of Power </em>(Salt Lake City: Signature Books, 1994) p.169-170 (hereinafter “<em>Origins of Power”</em>).</font>    </p>
<p><a name="_edn3"></a>[3]<font size="2"><font face="Times New Roman"> Quinn observed in <em>Origins of Power</em> p. 36: “The last major development in LDS priesthood is even less recognized today.  In 1843 Smith extended Melchizedek priesthood to LDS women through an “endowment ceremony” [Buerger, “The Development of the Mormon Temple Endowment Ceremony,” 33-76; Alma P. Burton, “Endowment,” and Allen Claire Rozsa, “Temple Ordinances,” in Ludlow, <em>Encyclopedia of Mormonism,</em> 2:54-56, 4:1444] rather than through ordination to church office. For example, in 1843 Presiding Patriarch Hyrum Smith blessed Leonora Cannon Taylor: ‘You shall be blest [sic] with your portion of the priesthood which belongeth to you, that you may be set apart for your Anointing and your inducement [endowment].’ Thirty-five years later, Joseph Young (a patriarch and senior president of the Council of Seventy)_ blessed Brigham Young’s daughter: ‘These blessings are yours, the blessings and power according to the holy Melchisedek [sic] Priesthood you received in your Endowments, and you shall have them’ [note omitted]. The decline of Mormon women’s awareness that the endowment ceremony gives them Melchizedek priesthood corresponds to the decline in women’s status in the LDS church during those same years [note omitted].  In the process, twentieth century Mormons—male and female, conservative and liberal—have identified priesthood with male privilege and hierarchical administrative power.   Therefore, some recent writers regard as insignificant the concept that endowed Mormon women had (and continue to have) the Melchizedek priesthood without ordained office and hierarchical status [note omitted in which Quinn makes a brief survey of writers who, on the one hand contend who believe the conferral of priesthood on women without office or place in the hierarchy was insignificant and those who do].  </font></font></div>
<div><a name="_edn4"></a>[4]<font face="Times New Roman">For a complete annotated discussion of the priesthood in its historical context see Chapters 13, 16, and 23 in <em>Strangers. </em> The ordinance of washing of the feet, for the man, precedes the second anointing ordinance.  It is normally performed in the Holy of Holies, or a sealing room set apart for such an ordinance. It is performed by, or under the direction of, the Prophet. The ordinance was used once, in the days of the Prophet Joseph, to seal individuals up to eternal life, but it is not used for that purpose today. The ordinance cleanses the brother from the blood and sins of this generation. This ordinance should not be confused with the last ordinance of the second anointing which is also referred to as the washing of feet. The Second Anointing is normally administered in the Holy of Holies, but can be, and has been, administered in different locations, in a room dedicated for that purpose. It is performed by, or under the direction of, the Prophet. There are normally two witnesses to the event. The individuals who are being anointed are dressed in their temple robes. The officiator does not have to dress in his robes. The husband leads in a prayer circle, and offers the signs, and prays at the altar. The husband is anointed with oil, on the top of his head, and then hands are laid upon his head, and he is ordained a king and a priest unto the Most High God, to rule and reign in the House of Israel forever. This ordinance gives him the fullness of the priesthood. The husband is blessed with the following (as the spirit dictates): (1) Sealing power to bind &#038; loose, curse & bless; (2) Blessings of Abraham, Isaac & Jacob; (3) The Holy Spirit of Promise bestowed; (4) Blessed to live as long as life is desirable; (5) Blessed to attain unto Godhood; (6) Power to be a member of a Godhead bestowed; (7) Sealed to eternal life, if not done previously; (8) Power to have the heavens opened; (9) Other blessings as inspired to give. The wife is then anointed with oil, on the top of her head, and then hands are laid upon her head, and she is ordained a queen and a priestess (unto her husband since 1845), to rule and reign with him, in his kingdom forever. The wife is blessed with the following (as the spirit dictates): (1) Receive all the blessings of the everlasting priesthood; (2) An heir to all the blessings that are sealed upon her husband; (3) Exalted to her husband&#8217;s exaltation; (4) Ministering angels may attend her; (5) Sealed up unto eternal life; (6) Receive the blessings of Godhood; (7) May attain unto the eternal Godhead; (8) Live as long as life is desirable; (9) Power of eternal lives (posterity w/o end); (10) Other blessings as inspired to give. The couple receives a &#8220;charge&#8221; as a part of the second anointing. Part of the covenant involved in this charge is that they do not reveal to other individuals that they have received this ordinance. This ordinance can be performed for the dead, by those who have already received the ordinance. The second part of the second anointings is explained to the couple. They are told to attend to this last ordinance the washing of the husband by the wife. This ordinance is performed in the couple&#8217;s home. The husband dedicates the home, and a room in which they will perform the ordinance. The ordinance follows the pattern of when Mary anointed Jesus, in Matthew 12. What the wife does here is in memorial of what Mary did. The wife washes the body of her husband (similar to initiatory). The wife anoints the body of her husband (similar to initiatory). The ordinance prepares the husband for burial, and in this way she lays claim upon him in the resurrection. Having authority, she can pronounce whatever blessings she feels appropriate upon her husband in this ordinance, as guided by the spirit. This ordinance is not performed in behalf of the dead. This summary is taken from </font><a href="http://lds-mormon.com/veilworker/2dAnointing.shtml"><font face="Times New Roman">http://lds-mormon.com/veilworker/2dAnointing.shtml</font></a><font face="Times New Roman"> .</font><font face="Times New Roman" size="3"> </font></div>
<div />
<div id="edn5"><a name="_edn5"></a>[5]<font face="Times New Roman" size="2"> See Nahmad, Claire and Margaret Bailey, “The Sacred Marriage,” at </font><a href="http://www.cygnus-books.co.uk/features/secret-teachings-mary-claire-nahmad-margaret-bailey-1606.htm"><font face="Times New Roman" size="2">http://www.cygnus-books.co.uk/features/secret-teachings-mary-claire-nahmad-margaret-bailey-1606.htm</font></a><font face="Times New Roman" size="2"> ; see also, “Mary As Goddess: Mary Magdalene” at </font><a href="http://northernway.org/twm/mary/magdalene.html"><font face="Times New Roman" size="2">http://northernway.org/twm/mary/magdalene.html</font></a><font face="Times New Roman" size="2"> .</font>    </p>
<p><a name="_edn6"></a>[6]<font face="Times New Roman" size="2"> Clayton, William. <em>Diary</em>, under entry August 13, 1843: When a seal is put upon the father and mother it secures their posterity so that they cannot be lost but will be saved by virtue of the covenant of their father.</font></div>
<p> </p>
<p><a name="_edn7"></a>[7]<font size="2"><font face="Times New Roman"> For a full discussion of this subject see Chapter 17 “The Oath and Covenant of the Priesthood” in <em>Strangers. </em></font></font></p>
<p><a name="_edn8"></a>[8]<font face="Times New Roman" size="2"> Rev. 5:10</font></p>
<div id="edn9"><a name="_edn9"></a>[9]<font face="Times New Roman"><font size="3"> </font>In the Spring of 1842, Joseph Smith gave a series of speeches to the Female Relief Society of Nauvoo in which he revealed his intent to ordain women to the priesthood. On April 28, 1842, &#8220;he spoke of delivering the keys of the Priesthood to the Church, and said that the faithful members of the Relief Society should receive them in connection with their husbands.&#8221;  <a href="http://www.lds-mormon.com/history.shtml">History of the Church of Jess Christ of Latter-day Saints</a>, Brigham H. Roberts, ed. (Salt Lake City: Deseret Book Co., 1969), 4:604. For a thorough analysis of these speeches and their significance see Toscano, Margaret, “Put On Your Strength O Daughters of Zion: Claiming Priesthood and Knowing the Mother,” in <em>Women and Authority: Re-emerging Mormon Feminism</em>, Maxine Hanks, editor (Salt Lake City: Signature Books) 1992 (hereinafter <em>Women and Authority</em>).<br />
</font><font face="Times New Roman" size="2"> </font></div>
<div id="edn10"><a name="_edn10"></a>[10]<font size="2"><font face="Times New Roman"><em> Times and Seasons</em> Vol. 5 (September 15, 1844) 647-655 and (October 1, 1844) 660-667.  </font></font>    </p>
<p><a name="_edn11"></a>[11]<font size="2"><font face="Times New Roman"> When the Presiding High Council of Zion was dissolved after the Church was expelled from Missouri, Nauvoo, Illinois</font></font><a href="http://www.answers.com/topic/nauvoo-illinois" target="_top" /><font face="Times New Roman" size="2"> became the headquarters of the church. There, Joseph Smith formed a new Presiding High Council, led by William Marks, which supervised the High Councils of outlying stakes, under the direction of the First Presidency. </font><a href="http://www.answers.com/topic/succession-crisis"><font face="Times New Roman" size="2">http://www.answers.com/topic/succession-crisis</font></a><font face="Times New Roman" size="2"> </font></div>
<p><a name="_edn12"></a>[12]<font size="2"><font face="Times New Roman"><em> Origins of Power</em>, p. 165.</font></font></p>
<p><a name="_edn13"></a>[13]<font face="Times New Roman" size="2"> <em>Origins of Power, </em>p. 169-172, 194.</font></p>
<p><font face="Times New Roman" size="2"><font face="Times New Roman" size="2"><a name="_edn14"></a>[14]<font face="Times New Roman" size="2"> <em>Id.</em><em>, </em>p. 173</font>  </font></font><font face="Times New Roman" size="2"><font face="Times New Roman" size="2" /><font face="Times New Roman" size="2"><font face="Times New Roman" size="2" /></font></font><font face="Times New Roman" size="2"><font face="Times New Roman" size="2"><font face="Times New Roman" size="2"></p>
<div id="edn14">   </p>
<p><a name="_edn15"></a>[15]<font face="Times New Roman" size="2"> <em>Id.</em><em>, </em>p. 171-173.</font></div>
<p><a name="_edn16"></a>[16]<font face="Times New Roman" size="2"> <em>Id.</em><em>, </em>p. 155-164.</font></p>
<div id="edn17">   </p>
<p>[17]<font face="Times New Roman" size="2"> <em>Id.</em><em>,</em> p. 115.</font></p>
<p><a name="_edn18"></a>[18]<font face="Times New Roman" size="2"> <em>Id.</em><em>, </em>P. 115-116.</font></div>
<p><a name="_edn19"></a>[19]<font face="Times New Roman" size="2"> <em>Id.</em><em>, </em>P. 116.</font></p>
<p><a name="_edn20"></a>[20]<font face="Times New Roman" size="2"> <em>Id.</em><em>, </em>p. 149.</font></p>
<div id="edn21">   </p>
<p>[21]<font face="Times New Roman" size="2"> Anderson, Devery S., Gary James Bergera, “Editors’ Introduction” in <em>Joseph Smith’s Quorum of the Anointed 1842-1845 </em>(Salt Lake City: Signature Books, 2005), p. 77 (hereinafter “<em>Joseph Smith’s Quorum”</em>).</font></p>
<p><a name="_edn22"></a>[22]<font face="Times New Roman" size="2"> Johnson, Benjamin F. <em>Autobiography</em>, p. 96.</font></div>
<p><a name="_edn23"></a>[23]<font size="2"><font face="Times New Roman"> <em>Origins of Power, </em>p. 192-196.  </font></font></p>
<p><a name="_edn24"></a>[24]<font face="Times New Roman" size="2"> Smith, Joseph Fielding, Jr., ed., <em>Teachings of the Prophet Joseph Smith</em> (Salt Lake City: Deseret Book) 1938, p.  ;see also, “The Higher Ordinances,” <em>Deseret News Semi Weekly</em>, February 14, 1884, quoted in Buerger, David John, <em>The Mysteries of Godliness: A History of Mormon Temple Worship </em>(Salt Lake City: Signature Books), 2002, Chapter 3 “Joseph Smith’s Ritual, at note 7. </font></p>
<p><a name="_edn25"></a>[25]<font face="Times New Roman" size="2"> <em>Origins of Power, </em>p. 165 (note 108).</font></p>
<p><a name="_edn26"></a>[26]<font face="Times New Roman" size="2"> <em>Origins of Power, </em>p. 165-166.</font></p>
<p><a name="_edn27"></a>[27]<font face="Times New Roman" size="2"> Toscano, Margaret Merrill, “The Missing Rib: The Forgotten Place of Queens and Priestesses in the Establishment of Zion” a presentation given at the 1984 Salt Lake City Sunstone Symposium and later published in <em>Sunstone Magazine, </em>July 1985.</font></p>
<div id="edn28"><a name="_edn28"></a>[28]<font face="Times New Roman" size="2"> Strangers, pp. 191-197; see also, <em>Joseph Smith’s Quorum,</em> p. xxxvii.</font></div>
<div id="edn29">    </p>
<p>[29]<font face="Times New Roman"> <font size="2"><em>Joseph Smith’s Quorum</em>, p. 26.</font></font></div>
<div id="edn30">   </p>
<p>[30]<font face="Times New Roman" size="2"> <em>Joseph Smith’s Quorum, </em>p. 25, note 15: “Joseph and Emma Smith received the second anointing . . .”</font></p>
<p><a name="_edn31"></a>[31]<font face="Times New Roman" size="2"> <em>Joseph Smith’s Quorum, </em>p. 54.  The editors note that “the second part of the fullness of the priesthood ordinance occurred some ten weeks later as noted in Heber C. Kimball’s diary following the entry dated October 19, 1843:</font></div>
<div id="edn31">   </p>
<blockquote><p>
<font size="2"><font face="Times New Roman">“Apriel the first 4 day 1844. I Heber C. Kimball received the washing of my feet, and was anointed by my wife Vilate fore my burial, that is my feet, head, Stomach.  Even as Mary did Jesus, that she mite have a claim on Him in the Reserrection.  In the City of Nauvoo.  In 1845 [sic] I received the washing of my feet by[:] I Vilate Kimball do hereby certify that on the first day of April 1844 I attended to washing and anointed the head, Stomach and feet of my dear companion Heber C. Kimball, that I may have claim upon him in the morning of the first Reserrection. Vilate Kimball.”  </font></font>
</p>
</blockquote>
<p><a name="_edn32"></a>[32]<font face="Times New Roman" size="2"> William Clayton, Diary, kept for Heber C. Kimball, entry dated December 21, 1845, cited in Anderson, Devery and Gary James Bergera, eds., <em>The Nauvoo Endowment Companies 1845-1846: A Documentary History </em>Salt Lake City: Signature Books) 2005, p 116. </font></div>
<div id="edn33">   </p>
<p>[33]<font face="Times New Roman" size="2"> <em>Id.</em> </font></div>
<div id="edn34">   </p>
<p>[34]<font face="Times New Roman" size="2"> Givens, George, <em>500 Little Known Facts in Mormon History </em>(Salt Lake City: Bonneville Books) 1992 .</font></div>
<div id="edn35">   </p>
<p>[35]<font face="Times New Roman" size="2"> <em>Strangers, </em>pp. 182-188.</font></div>
<div id="edn36">   </p>
<p>[36]<font face="Times New Roman" size="2"> <em>Women’s Exponent</em>, 41 volumes (1872-1914) 11:54.</font></div>
<div id="edn37">   </p>
<p>[37]<font face="Times New Roman" size="2"> Toscano, Margaret, “Is There A Place For Heavenly Mother In Mormon Theology? An Investigation Into Discourses Of Power,” at </font><a href="http://www.affirmation.org/learning/is_there_a_place.shtml"><font face="Times New Roman" size="2">http://www.affirmation.org/learning/is_there_a_place.shtml</font></a><font face="Times New Roman" size="2"> .</font></div>
<div id="edn38">   </p>
<p>[38]<font size="2"><font face="Times New Roman"> Mauss, Armand L., “Chapter 8. The Curse of African Lineage in Mormon History,” in <em>All Abraham’s Children: Changing Mormon Conceptions of Race and Lineage, </em>University of Illinois Press, 2003.<em> </em> </font></font></div>
<div id="edn39">   </p>
<p>[39]<font face="Times New Roman" size="2"> Bradley, Martha Sonntag, <em>Pedestals and Podiums: Utah Women, Religious Authority, and Equal Rights </em>(Salt Lake City: Signature Books) 2005 (hereinafter “<em>Pedestals and Podiums”</em>).</font></div>
<div id="edn40">   </p>
<p>[40]<font face="Times New Roman" size="2"> Toscano, Paul, “Reflections on Poverty, Bankruptcy, and Heresy,” in <em>Utah</em><em> Bar Journal, </em>Vol. 18. No. 6, November December 2005 available at </font><a href="http://www.paultoscano.com/wp-content/uploads/BankruptcyHeresyBarJournal.pdf"><font face="Times New Roman" size="2">http://www.paultoscano.com/wp-content/uploads/BankruptcyHeresyBarJournal.pdf</font></a><font face="Times New Roman" size="2"> .</font></div>
<div id="edn41">   </p>
<p>[41]<font face="Times New Roman" size="2"> Toscano, Margaret, “Are Boys More Important Than Girls? The Conflict of Gender Difference and Equality in Mormonism” at </font><a href="http://www.margarettoscano.com/"><font face="Times New Roman" size="2">www.margarettoscano.com</font></a><font face="Times New Roman" size="2"> . </font></div>
<div id="edn42">   </p>
<p>[42]<font face="Times New Roman" size="2"> Collins, Lois M. and Twila Van Leer, “Coming up short: Utahns face crisis in finding doctors, getting health care,” in <em>Deseret News</em>, Sunday August 11,  2002 available at </font><a href="http://www.deseretnews.com/dn/view/0,1249,405023243,00.html"><font face="Times New Roman" size="2">http://www.deseretnews.com/dn/view/0,1249,405023243,00.html</font></a><font face="Times New Roman" size="2"> .</font></div>
<div id="edn43">   </p>
<p>[43]<font face="Times New Roman" size="2"> Doctrine &#038; Covenants, Section 76 (hereinafter “D&#038;C”).</font></div>
<div id="edn44">   </p>
<p>[44]<font face="Times New Roman" size="2"> See generally, <em>Pedestals and Podiums; </em>Goldberg, Michelle, <em>Kingdom Coming: The Rise of Christian Nationalism </em>(New York; W.W> Norton, Co.) 2006; see also, Toscano, Paul, “The Varieties of Irreligious Experience: Schoolmarmery, Success-mongery, and Sycophancy” at </font><a href="http://www.paultoscano.com/"><font face="Times New Roman" color="#000080" size="2">www.paultoscano.com</font></a><font face="Times New Roman" size="2"> .</font></p>
<p>[45]<font face="Times New Roman" size="2"> Fitzgerald, Edward, trans. <em>Rubaiyat of Omar Khayyam</em>, stanza lxxi (1859).</font></div>
<p>[46]<font face="Times New Roman" size="2"> Isa. 40:4.</font></p>
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		<title>REFLECTIONS ON BANKRUPTCY, POVERTY, AND HERESY</title>
		<link>http://www.paultoscano.com/?p=28</link>
		<comments>http://www.paultoscano.com/?p=28#comments</comments>
		<pubDate>Wed, 06 Sep 2006 23:30:01 +0000</pubDate>
		<dc:creator>Paul Toscano</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.paultoscano.com/?p=28</guid>
		<description><![CDATA[<a id="p29" href="http://www.paultoscano.com/wp-content/uploads/BankruptcyHeresyBarJournal.pdf">Bankruptcy, Poverty, and Heresy</a>]]></description>
			<content:encoded><![CDATA[<p><a id="p29" href="http://www.paultoscano.com/wp-content/uploads/BankruptcyHeresyBarJournal.pdf">Bankruptcy, Poverty, and Heresy</a></p>
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		<title>TOWARD AN ARCHITECTURE OF PRIVACY FOR THE VIRTUAL WORLD</title>
		<link>http://www.paultoscano.com/?p=16</link>
		<comments>http://www.paultoscano.com/?p=16#comments</comments>
		<pubDate>Mon, 14 Aug 2006 22:06:50 +0000</pubDate>
		<dc:creator>Paul Toscano</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.paultoscano.com/?p=16</guid>
		<description><![CDATA[ 
I. Introduction 
The cyber universe,[1] like the real universe, is expanding.  Functions, applications, and uses grow daily as more people become computer literate. With every year that has passed since the early 1950s, the real world has become more reliant upon the virtual or cyber world. Since the advent of the Internet[2] and wireless communication,[3] a [...]]]></description>
			<content:encoded><![CDATA[<p> </p>
<p><a name="_ftnref1"></a><font face="Times New Roman" size="3" /><font face="Times New Roman" size="3"><font face="Times New Roman" size="2">I. Introduction</font> </p>
<p><font face="Times New Roman" size="2">The cyber universe,</font><a name="_ftnref2"></a><font face="Times New Roman">[1]</font><font face="Times New Roman" size="2"> like the real universe, is expanding.  Functions, applications, and uses grow daily as more people become computer literate. With every year that has passed since the early 1950s, the real world has become more reliant upon the virtual or cyber world. Since the advent of the Internet</font><a name="_ftnref3"></a><font face="Times New Roman">[2]</font><font face="Times New Roman" size="2"> and wireless communication,</font><a name="_ftnref4"></a><font face="Times New Roman">[3]</font><font face="Times New Roman" size="2"> a vast amount of messaging and commerce is now taking place among many people of many countries at virtually light speed—although it does not always seem that fast.  Currently cyberspace is still very much a frontier—as was America in about the year 1650.</font><a name="_ftnref5"></a><font face="Times New Roman">[4]</font><font size="2"><font face="Times New Roman">  The cyber frontier</font></font><a name="_ftnref6"></a><font face="Times New Roman">[5]</font><font face="Times New Roman" size="2"> has only recently been colonized by ordinary people following in the footsteps of the intrepid cyber explorers who built ARPANET,</font><a name="_ftnref7"></a><font face="Times New Roman">[6]</font><font face="Times New Roman" size="2"> the Internet, and the World Wide Web (&#8220;Web&#8221;).</font><a name="_ftnref8"></a><font face="Times New Roman">[7]</font></p>
<p><font face="Times New Roman" size="2">Life in cyberspace for its early settlers is promising but difficult.  Although technological pioneers thrive in this environment, the less able can find life there ineffectual or worse: it can be &#8220;solitary, poor, nasty, brutish, and short.&#8221;</font><a name="_ftnref9"></a><font face="Times New Roman">[8]</font><font face="Times New Roman" size="2"> In spite of this, the population of cyber settlers</font><a name="_ftnref10"></a><font face="Times New Roman">[9]</font><font face="Times New Roman" size="2"> is growing exponentially.  Cyber colonists</font><a name="_ftnref11"></a><font face="Times New Roman">[10]</font><font face="Times New Roman" size="2"> sense the frontier&#8217;s untapped power to increase efficiency of information transmissions and business transactions, while decreasing costs and creating gains.  Though they intuit these opportunities, many Internet users continue to harbor anxieties about the risks and dangers of Internet use caused by uncertainty about the privacy of transmissions and the legal enforceability of electronic contracts.</font><a name="_ftnref12"></a><font face="Times New Roman">[11]</font><font size="2"><font face="Times New Roman">  Worries aside, Internet users continue to make forays into the unknown.</font></font><a name="_ftnref13"></a><font face="Times New Roman">[12]</font><font face="Times New Roman" size="2"> They quarry out habitations, establish networks, create enterprises, and engage in commerce.  Every day more and more information is migrating into the cyber frontier where it is accessible to the whole world.  Much of this transfer is taking place without any settled assurances of security, privacy, or integrity with respect to the collection, transmission, storage, and use of electronic and digital information. </font><a name="_ftnref14"></a><font face="Times New Roman">[13]</font></p>
<p><font face="Times New Roman" size="2">II. The Problem</font></p>
<p><font face="Times New Roman" size="2">Cyberspace transcends the borders of states and nations.</font><a name="_ftnref15"></a><font face="Times New Roman">[14]</font><font face="Times New Roman" size="2"> This is one of its chief strengths and also one of its chief weaknesses.</font><a name="_ftnref16"></a><font face="Times New Roman">[15]</font><font face="Times New Roman" size="2"> The cyber frontier is not subject to the laws of any one country or jurisdiction.</font><a name="_ftnref17"></a><font face="Times New Roman">[16]</font><font size="2"><font face="Times New Roman">  Sectoral laws and regulations exist, but they are not uniformly enforceable upon the global population of Internet users.</font></font><a name="_ftnref18"></a><font face="Times New Roman">[17]</font><font size="2"><font face="Times New Roman">  Outside their zones of enforceability, these laws assume the nature of customs or norms, like professional ethics or rules of etiquette. Many have been drafted or promoted by private parties or groups from differing traditions and with differing objectives. These regulations can be both redundant and conflicting.</font></font><a name="_ftnref19"></a><font face="Times New Roman">[18]</font><font face="Times New Roman" size="2"> Some are more self-serving than self-regulating.</font><a name="_ftnref20"></a><font face="Times New Roman">[19]</font><font face="Times New Roman" size="2"> Others are more likely to inspire competing rules than compliance, and compliance is at best difficult to verify.</font></p>
<p><font face="Times New Roman" size="2">For all these reasons, security, privacy, and integrity of information and transactions in the cyber frontier are available only to a minority and only in restricted cyber communities (usually either governmental or commercial intranets or extranets) where authority structures have been established and are managed according to uniform policies, procedures, protocols, and practices.</font><a name="_ftnref21"></a><font face="Times New Roman">[20]</font><font face="Times New Roman" size="2"> Outside these communities, cyber citizens are either on their own or they must rely on experts offering partial solutions for commercial gain.</font><a name="_ftnref22"></a><font face="Times New Roman">[21]</font></p>
<p><font face="Times New Roman" size="2">The thorniest problem hindering the cyber frontier, including the Internet, the Web, and wireless communication, is the lack of security, privacy, and integrity in the creation, collection, transmission, processing, storage, and use of electronic and digital information.</font><a name="_ftnref23"></a><font face="Times New Roman">[22]</font><font size="2"><font face="Times New Roman">  Like the frontier of the American West, the cyber frontier must be tamed.</font></font><a name="_ftnref24"></a><font face="Times New Roman">[23]</font><font size="2"><font face="Times New Roman">  But cyber citizens cannot rely on a local sheriff or a federal marshal to do it.  Governments are disabled by their inability to enforce order beyond its jurisdictional limits.  For-profit companies are disqualified by the profit motive, which encourages them to tip any level playing field in their own favor to make it easier for them to create wealth for their shareholders.  Who is going to perform this policing or mediating function? This is a recurring question that as yet has no satisfactory answer.</font></font></p>
<p><font face="Times New Roman" size="2">To date, there is no workable consensus on what security, privacy, and integrity of information actually mean or how these values can be preserved in cyberspace. For example, in the computer industry, the term &#8220;security&#8221; is used a great deal.  However, the exact meaning of &#8220;security&#8221; can vary considerably.</font></p>
<p><font face="Times New Roman" size="2">III. Security and Encryption</font></p>
<p><font face="Times New Roman" size="2">To computer experts, security may or may not include informational privacy and integrity.  An expert may consider a transaction to be secure if in transmission the electronic and digital information (&#8220;data&#8221;) flows through a secure channel—even though the source of the message is uncertain, its recipient&#8217;s identity cannot be assured, and the message can be read by any party who can capture it.  An expert may consider information in a database or data warehouse to be secure if it is protected by firewalls and managed according to acceptable security standards—even though the data consists of the personal and sensitive information of parties who have no knowledge or control of how the data was collected, is processed, or will be used.</font></p>
<p><font face="Times New Roman" size="2">To laypeople, security means that a user&#8217;s data transmissions and transactions are safe. &#8220;Safe&#8221; implies to the layperson that data is safe from technological failure, hackers, loss or corruption; is safe from prying eyes; and will be available and reliable in the future.  Laypeople, then, interpret security to mean not only data protection but also data privacy, reliability, and integrity.  For lay users to have confidence in the enabling technologies of e-business, they will consider the total context of what is required to feel &#8220;safe.&#8221; In doing so, they will conclude that security in the narrow expert sense is not enough in spite of the fact that high levels of security can now be achieved through one of two encryption methods: single key encryption or public key encryption (also known as asymmetrical twin key encryption).</font><a name="_ftnref25"></a><font face="Times New Roman">[24]</font></p>
<p><font face="Times New Roman" size="2">Single key (or shared secret) cryptography is an unacceptable way to protect digital and electronic information.</font><a name="_ftnref26"></a><font face="Times New Roman">[25]</font><font size="2"><font face="Times New Roman">  This is so because in single key cryptography the same cipher or code used to encrypt a message is also used to decrypt it.  When a single-key encrypted text is transmitted, the key must be shared with the recipient so the scrambled message can be deciphered.  Sharing the single secret key, however, exposes it to capture.  Any party capable of purloining the scrambled message is probably capable of capturing the single key as it is being conveyed to its intended recipient.  This weakness makes symmetrical key encryption insecure in an environment of public messaging such as e-mail or wireless communication. As soon as the secret is shared, it is open to capture; and as soon as it is captured, it is exposed to compromise. Once compromised, the shared secret can be used to subvert the authenticity of a cyber identity and to compromise the privacy and integrity of information that is logically connected with or accessible through such a shared cipher.  To compromise a person&#8217;s cyber identity and private information is to deprive them in cyberspace of personal freedom to safeguard and use private resources to pursue private objectives.</font></font></p>
<p><font face="Times New Roman" size="2">Public key encryption is a coding system or, more accurately, a ciphering system that uses two related ciphers (code numbers) called keys—a public key available to everyone and a private or secret key available only to the holder of the key pair.</font><a name="_ftnref27"></a><font face="Times New Roman">[26]</font><font face="Times New Roman" size="2"> The term &#8220;asymmetric&#8221; is used because a message encrypted with the private key can be decrypted only with its twin, the corresponding public key and vice versa.</font><a name="_ftnref28"></a><font face="Times New Roman">[27]</font><font face="Times New Roman" size="2"> Thus, if John wants to send a secure message to Jane, he can use Jane&#8217;s public key (available to anyone) to encrypt the message so that Jane, using her private key (available to her alone), is the only person who can decrypt it.</font></p>
<p><font face="Times New Roman" size="2">This relationship between the public and private keys of a twin key pair allows a person to encrypt a message with a key (the private key) that never needs to be shared with anyone else.</font><a name="_ftnref29"></a><font face="Times New Roman">[28]</font><font face="Times New Roman" size="2"> This is because the message can be decrypted with the corresponding twin key (the public key), which is available to anyone.</font><a name="_ftnref30"></a><font face="Times New Roman">[29]</font><font face="Times New Roman" size="2"> The importance of this fact cannot be overstated. Asymmetrical twin key encryption is a vastly better than symmetrical encryption as a means of securing the transmission of personal, sensitive, or legally significant digital and electronic information.</font><a name="_ftnref31"></a><font face="Times New Roman">[30]</font><font size="2"><font face="Times New Roman">  This is true despite the fact that, until recently, it has been somewhat more cumbersome to employ than symmetrical (single key) encryption or other security protections such as passwords, digital fingerprints, and retinal scans.</font></font><a name="_ftnref32"></a><font face="Times New Roman">[31]</font><br />
<font face="Times New Roman" size="2">What is at stake is personal autonomy. The risks involved were dramatically addressed in a different context by Viktor Frankl.</font><a name="_ftnref33"></a><font face="Times New Roman">[32]</font><font size="2"><font face="Times New Roman">  In his book, <em>Man&#8217;s Search for Meaning</em>,</font></font><a name="_ftnref34"></a><font face="Times New Roman">[33]</font><font face="Times New Roman" size="2"> Frankl recalls his experiences in a Nazi concentration camp and refers to the number stitched on the clothes or tattooed on the skin of camp prisoners.</font><a name="_ftnref35"></a><font face="Times New Roman">[34]</font><font size="2"><font face="Times New Roman">  Each number represented a prisoner.</font></font><a name="_ftnref36"></a><font face="Times New Roman">[35]</font><font size="2"><font face="Times New Roman">  In time, the guards stopped looking at the prisoners and looked only at the numbers. </font></font><a name="_ftnref37"></a><font face="Times New Roman">[36]</font><font size="2"><font face="Times New Roman">  The prisoners themselves became invisible.</font></font><a name="_ftnref38"></a><font face="Times New Roman">[37]</font><font size="2"><font face="Times New Roman">  The numbers were all that mattered.</font></font><a name="_ftnref39"></a><font face="Times New Roman">[38]</font><font size="2"><font face="Times New Roman">  Individuality was objectified.</font></font><a name="_ftnref40"></a><font face="Times New Roman">[39]</font><font size="2"><font face="Times New Roman">  Personhood was reduced to digits.</font></font><a name="_ftnref41"></a><font face="Times New Roman">[40]</font><font size="2"><font face="Times New Roman">  This historical example should serve as a cautionary tale for the digital age where, in cyberspace, people are necessarily represented by identifying numbers and where their personal identifying information, communications, transactions, educational and credit records, financial and health records can be connected with and accessed by these numbers.  Lives and meaning in the real world depend upon the form, content, accuracy and use of such information. To the extent that such information is not in the control of the person it identifies, that person has in some measure lost the power of self-determination over his or her past, present, and future. Identifying information outside the control of the identified person may be altered, corrupted, manipulated, and used in ways that can subvert truth, damage or rob the identified person, or do injury to that person&#8217;s relationships. To avoid these harms, the person whom the information identifies must maintain ownership and control of  much of this information.</font></font></p>
<p><font face="Times New Roman" size="2">Encryption is an indispensable tool in achieving this result. But which type of encryption should be used, symmetrical encryption (where one key only is used to both encrypt and decrypt) or twin-key encryption (where a text encrypted with one can be decrypted only with its mate)? Single-key encryption requires an individual to be represented in cyberspace by a single shared secret.  This approach invokes the insecurity of a shared secret code and the potential of dehumanization of identification numbers that can be manipulated outside the control of the identified person. Twin-key encryption, however, allows a person to be represented by two mathematically related keys, one private and the other public. The two keys correspond to the dual nature of human identity: mind and body.  This duality of interior and exterior forms the basis of human identification in the real world where we distinguish one another by such exteriorities as unique facial and bodily characteristics and by such externally manifest interiorities as knowledge, personality traits, attitudes and habits of communication. For example, even though identical twins might be indistinguishable by their exterior traits, one twin could distinguish herself from her sister by revealing something about herself that her twin could not know.</font></p>
<p><font face="Times New Roman" size="2">In the cyber world, asymmetrical twin key encryption allows a person to be represented by a key pair, of which the private key represents the person&#8217;s interior (which is unknowable unless the person chooses to reveal some manifestation of it) and of which the public key represents the person&#8217;s exterior (which can be relied upon as a means of verifying that person&#8217;s cyber identity).</font><a name="_ftnref42"></a><font face="Times New Roman">[41]</font><font face="Times New Roman" size="2"> Together, the two keys comprise an individual&#8217;s single cyber identity.</font><a name="_ftnref43"></a><font face="Times New Roman">[42]</font><font face="Times New Roman" size="2"> This precision of representation allows an individual to use his or her private key to manifest interior intent using the private key as an encryption code.</font><a name="_ftnref44"></a><font face="Times New Roman">[43]</font><font face="Times New Roman" size="2"> This is possible because the private key is unique to and is held solely by its owner.</font><a name="_ftnref45"></a><font face="Times New Roman">[44]</font><font size="2"><font face="Times New Roman">  The encryption the key produces is unique and can be decrypted only with the corresponding public key, which is embodied in a digital certificate that contains the identifying information of the owner of the unique key pair.</font></font><a name="_ftnref46"></a><font face="Times New Roman">[45]</font></p>
<p><font face="Times New Roman" size="2">The application of private key encryption to a document is called a &#8220;digital signature.&#8221;</font><a name="_ftnref47"></a><font face="Times New Roman">[46]</font><font size="2"><font face="Times New Roman">  Unlike a digitized signature (which is merely a piece of digital art made to look like a signature and can be copied from one document and pasted to another), a digital signature is a mathematical operation involving the use of the private key to alter the fundamental nature of a document being signed.</font></font><a name="_ftnref48"></a><font face="Times New Roman">[47]</font><font face="Times New Roman" size="2"> Once digitally signed, a document cannot be altered without nullifying any digital signature applied to it.</font><a name="_ftnref49"></a><font face="Times New Roman">[48]</font><font face="Times New Roman" size="2"> The use of a private key as a digital signature is the way the private key owner manifests in cyberspace his or her interior intent and willingness to be bound by the terms and provisions of a digital or electronic contract or document.</font><a name="_ftnref50"></a><font face="Times New Roman">[49]</font><font face="Times New Roman" size="2"> Anyone can verify a digital signature on the document by using the private key owner&#8217;s corresponding public key to decrypt the document and reveal the signer&#8217;s identity.</font><a name="_ftnref51"></a><font face="Times New Roman">[50]</font><font face="Times New Roman" size="2"> A digital signature can also be used as proof that the signatory of an electronic or digital record is its putative owner.</font><a name="_ftnref52"></a><font face="Times New Roman">[51]</font></p>
<p><font face="Times New Roman" size="2">A message can also be encrypted with the intended recipient&#8217;s public key.</font><a name="_ftnref53"></a><font face="Times New Roman">[52]</font><font size="2"><font face="Times New Roman">  By doing this, a sender can be assured that the encrypted message can be read only by the intended recipient, who alone can decrypt it with the corresponding private key held solely by its owner. Sending a transmission encrypted with the public key of the intended recipient is tantamount to identifying a person by his bodily characteristics and then whispering a message in his ear to ensure that only he hears it.</font></font></p>
<p><font face="Times New Roman" size="2">Asymmetrical twin key cryptography avoids the dangers and potential evils of the shared secret. It allows individuals to control their personal, sensitive, and identifying digital and electronic information by digitally signing it.</font><a name="_ftnref54"></a><font face="Times New Roman">[53]</font><font face="Times New Roman" size="2"> Whatever information is not digitally signed is unclaimed, unacknowledged, or disavowed and, therefore, unreliable.</font><a name="_ftnref55"></a><font face="Times New Roman">[54]</font><font face="Times New Roman" size="2"> It also allows people to control access to information by encrypting it so that only intended parties can read it.</font><a name="_ftnref56"></a><font face="Times New Roman">[55]</font></p>
<p><font face="Times New Roman" size="2">Public key systems employing asymmetrical twin key cryptography are becoming more and more popular for transmitting information via the Internet.</font><a name="_ftnref57"></a><font face="Times New Roman">[56]</font><font face="Times New Roman" size="2"> These systems are extremely secure. It is practically impossible to derive the private key from the public key.</font><a name="_ftnref58"></a><font face="Times New Roman">[57]</font><font size="2"><font face="Times New Roman">  Mathematically, the computation time required to derive one 1024–bit cipher from its twin would take about 5 million years, even if supercomputers were employed in the process of cryptanalysis.</font></font><a name="_ftnref59"></a><font face="Times New Roman" size="2">[58]</font><font size="2"><font face="Times New Roman">  Though difficult to crack, these keys are simple to use, and more importantly, they appropriately reflect the mind–body duality of human personhood and allow individuals to enjoy security in the transmission of data.</font></font><a name="_ftnref60"></a><font face="Times New Roman">[59]</font></p>
<p><font face="Times New Roman" size="2">Iv. Definitions and Requirements for Informational Security, Privacy, and Integrity</font></p>
<p><font face="Times New Roman" size="2">In the balance of this paper, I will propose working definitions of informational security, privacy, and integrity that create distinctions among these concepts even though it is possible to define them as synonyms. I will also provide a suggested list of minimal requirements necessary to for cyber citizens to enjoy the same degree of informational security, privacy, and integrity on the Internet and in wireless communications that they have come to expect in paper transactions.</font></p>
<p><font face="Times New Roman" size="2">A. Security</font></p>
<p><font face="Times New Roman" size="2">As used herein, the term &#8220;security&#8221; refers, at a minimum, to three different protections: First, security refers to any protection that enables data to be transmitted from a known source to an intended recipient only.</font><a name="_ftnref61"></a><font face="Times New Roman">[60]</font><font face="Times New Roman" size="2"> Second, security refers to any protection that enables such information to be stored, transmitted, processed, or used without compromise, alteration, or corruption.</font><a name="_ftnref62"></a><font face="Times New Roman">[61]</font><font size="2"><font face="Times New Roman">  Finally, security refers to any protection that enables such information to be linked to any real world person whose identity has been reliably authenticated and represented by a verifiable cyber identity, such as a digital certificate, digital signature, or other electronic identifier.</font></font><a name="_ftnref63"></a><font face="Times New Roman">[62]</font></p>
<p><font face="Times New Roman" size="2">B. Privacy</font></p>
<p><font face="Times New Roman" size="2">Establishing a clear meaning for informational privacy is a bit more challenging.  There is no universally accepted definition for privacy or for informational privacy.</font><a name="_ftnref64"></a><font face="Times New Roman">[63]</font><font size="2"><font face="Times New Roman">  A normative definition of privacy—based on what &#8220;normally&#8221; should be kept private—does not work because on this subject people from culture to culture cannot agree.</font></font></p>
<p><font face="Times New Roman" size="2">Rather than a normative definition, I propose here an analytical one—based on an analysis of the recurring elements that are essential to privacy regardless of what is being kept private.</font><a name="_ftnref65"></a><font face="Times New Roman">[64]</font><font size="2"><font face="Times New Roman"> This approach requires some reflection on how privacy is established in other contexts. For example, how is privacy created or preserved with respect to real property? The answer is based on experience and intuition. The first step in creating private property is to separate it from the property around it.  Separation is what the word &#8220;private&#8221; actually means.  It is derived from the Latin <em>privates</em>, which comes from Latin <em>privo</em></font></font><a name="_ftnref66"></a><font face="Times New Roman">[65]</font><font size="2"><font face="Times New Roman"><em> </em>meaning, &#8220;to separate.&#8221;  The word was used to describe property that had been partitioned from community property and was identifiable as belonging to or concerning an individual.</font></font><a name="_ftnref67"></a><font face="Times New Roman">[66]</font><font size="2"><font face="Times New Roman">  The next step after partition is to restrict access to the property to its owners or their designees.  The final step is to assure that the beneficial use of the property flows only to its owners or someone authorized by the owners such as a tenant with the right to occupy, farm, or mine the property or someone to whom an easement has been granted.</font></font></p>
<p><font face="Times New Roman" size="2">When it comes to something more personal than real estate—one&#8217;s body, for example—the same principles apply.  To be assured of bodily privacy, one&#8217;s body must first be identifiable as separate from anyone else&#8217;s body.  Once a separate body is established, there is little doubt that bodily privacy includes the right of a person to control and restrict access to his or her own body.  Without such control, personhood could not be possible; and one would be merely the object of others.  Bodily privacy also requires that a person have the exclusive beneficial use of his or her body and the right to decide who else can benefit from that use.</font><a name="_ftnref68"></a><font face="Times New Roman">[67]</font></p>
<p><font size="2"><font face="Times New Roman">What is true of the human body and of bodies of land is also true of any property, including bodies of information, whether electronic or otherwise.  Informational privacy, then, can be defined analytically as separate ownership or control, restricted access, and beneficial use of digital or electronic information.  In discussions of informational privacy, little is said about these essentials—probably because they are so fundamental they are left unaddressed as <em>a priori</em> assumptions.<em><u><br />
</u></em></font></font><font face="Times New Roman" size="2">C. Separateness</font></p>
<p><font face="Times New Roman" size="2">Before a legitimate claim of informational privacy can be sustained, the information in question must be rendered separate and identifiable.</font><a name="_ftnref69"></a><font face="Times New Roman">[68]</font><font size="2"><font face="Times New Roman">  This involves the process of partitioning the data, that is, quarrying it out of the data with which it is commingled.</font></font><a name="_ftnref70"></a><font face="Times New Roman">[69]</font><font size="2"><font face="Times New Roman">  Until partition takes place, there is nothing to which a claim of ownership can attach.</font></font><a name="_ftnref71"></a><font face="Times New Roman">[70]</font><font size="2"><font face="Times New Roman">  Once partitioned, privacy requires that a claim of right in the separate data be asserted.  This claim of right can be a claim of ownership or a claim of use.  In either case, the claim must be grounded in law, that is, the claim must be one the law recognizes.</font></font><a name="_ftnref72"></a><font face="Times New Roman">[71]</font><font size="2"><font face="Times New Roman">  For example, a claim of ownership in data may be based on an author&#8217;s common law copyright or on a publisher&#8217;s purchase contract.  It may be based on inheritance, or lease, or license, or other instrument of title or conveyance. The process of separating digital information and establishing title to it is merely a way of creating enforceable cyber boundaries to digital or electronic information. Title to data cannot be enforced, however, if it exists only in the mind of the claimant.  It must somehow be declared, if not publicly, then at least before credible witnesses. This requires that some kind of notice be given that describes the property, the boundaries, and those with ownership or access rights to it.</font></font></p>
<p><font face="Times New Roman" size="2">In the virtual world, such boundaries and claims of ownership and use can be established by public key infrastructures</font><a name="_ftnref73"></a><font face="Times New Roman">[72]</font><font face="Times New Roman" size="2"> managing asymmetrical twin key cryptography. Public and private encryption keys can now be issued to users.  These public and private keys can be certified to users whose identities have been acceptably authenticated.  Such users can encrypt or digitally sign data streams with these keys.  In this way, they can separate and identify data streams and establish an initial claim of right to the data as its originator, owner, or user.  Of course, this claim can be challenged. But, at a minimum, public key encryption technology allows data boundaries to be established and title to data to be asserted in the cyber frontier. This is an important step forward.</font></p>
<p><font face="Times New Roman" size="2">D. Restricted Access</font></p>
<p><font face="Times New Roman" size="2">Setting legally enforceable boundaries alone does not ensure confidentiality or restrict access.  Privacy is nothing unless the identified data can be protected from unwanted interlopers.  Restricted access to digital and electronic information can also be achieved using public key cryptography.  Data can be encrypted with a person&#8217;s public key so that it can be decrypted only with the corresponding private key held solely by the holder of the unique key pair.  This technique will render data confidential. The problem is that it is not a reliable technique because there is only one private key to each key pair.  If that private key were lost, stolen or damaged, then the encrypted information would remain virtually irretrievable. This is not an attractive prospect, especially in a commercial environment where documents are vital. It is not a solution to make a copy of a private key and put it in a safe place. This approach, referred to as private key escrow or management, creates significant security risks.</font><a name="_ftnref74"></a><font face="Times New Roman">[73]</font><font face="Times New Roman" size="2"> The private key is a digital signature.</font><a name="_ftnref75"></a><font face="Times New Roman">[74]</font><font size="2"><font face="Times New Roman">  Under current law, if a private key is used to sign a digital document, that digital signature is considered binding. If a private key is copied to a floppy disk, for example, it could be stolen and used to create legally binding documents without the knowledge or authorization of the owner of the private key. If the private key were put in escrow with an agent, the agent or an employee of the agent might compromise the key or use it improperly.</font></font><a name="_ftnref76"></a><font face="Times New Roman">[75]</font><font size="2"><font face="Times New Roman">  Or, even more troubling, the private key owner could allege that his or her digital signature had been used without authorization and thus repudiate the enforceability of a digital signature to avoid obligations under an electronic contract.</font></font><a name="_ftnref77"></a><font face="Times New Roman">[76]</font><font size="2"><font face="Times New Roman">  A partial solution to this problem is to generate two key pairs for each subscriber and require the subscriber to dedicate one key pair for digital signing only and the other key pair for encryption only.</font></font><a name="_ftnref78"></a><font face="Times New Roman">[77]</font><font size="2"><font face="Times New Roman">  In this way, the private key of the encryption key pair could be escrowed or copied since it is used only in encryption functions.</font></font><a name="_ftnref79"></a><font face="Times New Roman">[78]</font><font face="Times New Roman" size="2"> The problem with this approach is that the escrowed or copied private key could be used maliciously or inadvertently to digitally sign a document.</font><a name="_ftnref80"></a><font face="Times New Roman">[79]</font><font size="2"><font face="Times New Roman">  If this occurred, it could be argued that a legally binding document had been created even though it had been signed with a private key that was not issued as a digital signature.</font></font><a name="_ftnref81"></a><font face="Times New Roman">[80]</font><font size="2"><font face="Times New Roman">  This multi-key pair approach could lead to uncertainty as to the enforceability of digital signatures.</font></font><a name="_ftnref82"></a><font face="Times New Roman">[81]</font><font size="2"><font face="Times New Roman">  The resulting uncertainty would fuel unnecessary disputes and litigation as to the enforceability of digital and electronic contracts.  In any case, to restrict key pair use in this way calls for the trustworthy management of key pairs according to fair, reliable, and evenhandedly enforced rules. For these reasons, confidentiality and restricted access to information is not reliably achieved by encrypting data with a public key.  A better method of assuring confidentiality and restricting access to cyber information is needed.</font></font></p>
<p><font face="Times New Roman" size="2">E. Beneficial Use</font></p>
<p><font face="Times New Roman" size="2">In addition to the separateness of and restricted access to data, informational privacy requires the assurance that only data owners or parties authorized by them receive the benefit of such information. When it comes to real estate, we understand that a residence is not private if anyone can live there. Electronic information is not private if anyone can see it, use it, or benefit from it. A contract is useless if any non-party can claim its benefits or avoid its burdens. An essential element of privacy, then, is beneficial use (or proprietary utility).</font></p>
<p><font face="Times New Roman" size="2">To assure beneficial use means to assure that data will be accessible, readable, and usable only by authorized parties and in spite of technological advances or obsolescence. To achieve beneficial use requires data vaulting.</font><a name="_ftnref83"></a><font face="Times New Roman">[82]</font><font size="2"><font face="Times New Roman">  Information, such as e-contracts, personal identifying information, or sensitive medical or legal information must be preserved to ensure its availability to authorized parties in the indefinite future.</font></font><a name="_ftnref84"></a><font face="Times New Roman">[83]</font><font size="2"><font face="Times New Roman">  To achieve this end, digital signatures with which documents are signed must remain both identifiable and legally binding.</font></font><a name="_ftnref85"></a><font face="Times New Roman">[84]</font><font size="2"><font face="Times New Roman">  Documents must be rendered persistent both as to form and content.</font></font><a name="_ftnref86"></a><font face="Times New Roman">[85]</font><font size="2"><font face="Times New Roman">  A document&#8217;s admissibility as evidence in a court must be assured.</font></font><a name="_ftnref87"></a><font face="Times New Roman">[86]</font><font size="2"><font face="Times New Roman">  A record must be kept of the source, date of origin, history, and chain of custody of a document together with the identity of its owners and any parties with authorized rights of access and use.</font></font><a name="_ftnref88"></a><font face="Times New Roman">[87]</font><font size="2"><font face="Times New Roman">  In addition, an auditable record of access and retrieval must be kept to prevent confusion and maintain record chronology.</font></font><a name="_ftnref89"></a><font face="Times New Roman">[88]</font></p>
<p><font face="Times New Roman" size="2">Without these safeguards, users can have no assurance that they will receive the beneficial use of information and of the obligations memorialized in digital documents. Consequently, they will be reluctant to bring their paper process online and forego the cost-savings, gains and other benefits of the Internet, the Web, and wireless communications systems. This is especially true for professionals in the legal, health care, accounting, real estate, lending/leasing, and intellectual property protection arenas—professionals with a duty to protect the confidences and secrets of their clients or patients.</font><a name="_ftnref90"></a><font face="Times New Roman">[89]</font></p>
<p><font face="Times New Roman" size="2">F. Integrity</font></p>
<p><font face="Times New Roman" size="2">In addition to the three security protections and the three elements of privacy discussed here, e-business customers need informational integrity as well. They need the assurance that digital and electronic information will be retained according to rules that ensure its preservation in a trustworthy environment so it continues to serve the purposes for which it was intended.</font><a name="_ftnref91"></a><font face="Times New Roman">[90]</font><font size="2"><font face="Times New Roman">  Informational integrity means that personal data will remain personal, sensitive information will remain confidential, and legal documents will remain enforceable. Informational integrity in cyberspace is achievable only if digital and electronic information is securely retained in the possession of trusted third-party custodians.</font></font></p>
<p><font face="Times New Roman" size="2">The most troubling problem plaguing e-commerce is the retention of proprietary data by non-neutral, biased, interested parties.</font><a name="_ftnref92"></a><font face="Times New Roman">[91]</font><font face="Times New Roman" size="2"> User information is typically warehoused with digital database services offered by for-profit companies.</font><a name="_ftnref93"></a><font face="Times New Roman">[92]</font><font face="Times New Roman" size="2"> These companies are run by management teams and boards of directors whose overriding duty is to their company shareholders, not to the data owners.</font><a name="_ftnref94"></a><font face="Times New Roman">[93]</font><font size="2"><font face="Times New Roman">  Subscribers to such services place personal, sensitive, legally significant, or valuable proprietary information in the care of companies whose self-interest may conflict with the subscribers&#8217; interests.</font></font><a name="_ftnref95"></a><font face="Times New Roman">[94]</font><font size="2"><font face="Times New Roman">  Even when such companies sign contracts promising to preserve subscriber privacy, the underlying conflicts of interests together with the pressures of undue influence and the profit motive still exist. This is not an environment in which the security, privacy, and integrity of information can adequately be guaranteed.</font></font></p>
<p><font face="Times New Roman" size="2">Informational integrity requires data custodians to be neutral, even-handed, independent, and free from disqualifying conflicts of interests.</font><a name="_ftnref96"></a><font face="Times New Roman">[95]</font><font size="2"><font face="Times New Roman">  Informational integrity can be assured only when it is in the safekeeping of trustee-like custodians who have one duty only: to apply fair information practices to preserve for data owners or originators the original form and content of information so that it will continue over time to serve the purposes for which it was created, collected, stored, or processed.</font></font><a name="_ftnref97"></a><font face="Times New Roman">[96]</font><font face="Times New Roman" size="2"> Only such custodians can reliably certify a traceable and auditable document registry, provide a reliable chain of custody, or assure the evidentiary integrity of such information.</font></p>
<p><font face="Times New Roman" size="2">V. Privacy Architecture and Personal Autonomy</font></p>
<p><font face="Times New Roman" size="2">What is required is a privacy architecture that can assure full informational reliability, consisting of all the aspects of security, privacy, and integrity discussed here. Without these assurances, there can be no guarantee in the virtual world of personal autonomy—the unimpeded use of private resources and information to pursue individual, self-determined ends and outcomes apart from the requirements of the collective.  Personal autonomy is the prime value in an open, democratic society and should not be sacrificed on the altar of expedience, digital or otherwise.  Personal autonomy in the virtual world requires a neutral, independent, non-governmental, self-regulatory architecture that combines law and technology to ensure data originators, owners, and users the following privacy protections:</font></p>
<p><font face="Times New Roman" size="2">1.  That data can be rendered separate and identifiable,</font></p>
<p><font face="Times New Roman" size="2">2.  That data ownership and access rights can be identified, registered, and properly managed,</font></p>
<p><font face="Times New Roman" size="2">3.  That data will not knowingly be viewed, altered, intercepted, copied, confiscated, or divulged without authorization of its owners or originators,</font></p>
<p><font face="Times New Roman" size="2">4.  That a person&#8217;s digital likeness will not be appropriated,</font><a name="_ftnref98"></a><font face="Times New Roman">[97]</font></p>
<p><font face="Times New Roman" size="2">5.  That there will be no intrusions upon a person&#8217;s solitude or seclusion by eavesdropping on digital or electronic communications or by persistent unwanted communications,</font><a name="_ftnref99"></a><font face="Times New Roman">[98]</font></p>
<p><font face="Times New Roman" size="2">6.  That there will be no disclosure of information that puts a person in a false light,</font></p>
<p><font face="Times New Roman" size="2">7.  That personal and sensitive information will be collected, stored, processed, retrieved, and used only according to published fair information practice rules,</font><a name="_ftnref100"></a><font face="Times New Roman">[99]</font></p>
<p><font face="Times New Roman" size="2">8.  That data management risks and liabilities will be minimized,</font><a name="_ftnref101"></a><font face="Times New Roman">[100]</font></p>
<p><font face="Times New Roman" size="2">9.  That data owners will maintain control of their own personal, sensitive, and legally significant information,</font></p>
<p><font face="Times New Roman" size="2">10.  That a reliable, auditable record of data will be kept and its chain of custody be maintained for certification to authorized requesting parties,</font><a name="_ftnref102"></a><font face="Times New Roman">[101]</font></p>
<p><font face="Times New Roman" size="2">11.  That data owners and authorized users will be identified by cyber IDs that have been acceptably authenticated and certified, and</font></p>
<p><font face="Times New Roman" size="2">12.  That cyber ID authentication and certification along with the collection, storage, processing, retrieval, and use of personal, sensitive, confidential and secret data will be managed reliably by private, unbiased, trusted third-party fiduciary custodians with an unconflicted duty of care to data owners or putative owners and parties authorized by them.</font><a name="_ftnref103"></a><font face="Times New Roman">[102]</font></p>
<p><font face="Times New Roman" size="2">VI.  Conclusion</font></p>
<p><font face="Times New Roman" size="2">For cyber citizens to feel safe on the cyber frontier, they must be confident that informational security, privacy, and integrity will be ensured.  Internet, Web, and wireless communication must be preserved as an open and level foundation for all.  There must, however, be built on this foundation, a private, trust-based supra-jurisdictional architecture, managed by neutral third-party custodians who serve in the place of government to act without bias, undue influence, or profit motive to assure the evenhanded administration of fair information policies, procedures, protocols, and practices that enable the delivery of informational security, privacy, and integrity to a global community in desperate need of end-to-end reliability of the digital transactions that form the basis of cyber relationships of all kinds.</font></p>
<p><font face="Times New Roman" size="2">When this architecture is available to all cyber citizens on an equal footing, cyberspace will be safe for e-business. Rather than take the many decades it took to achieve the constitutional foundations for an open society and a free market in the real world, the opportunity exists now to move at Internet speed to adopt in the virtual world technologies, definitions, legal structures, and business processes indispensable to personal autonomy, individual liberty, and the pursuit of e-commerce and e-business worldwide.</font></p>
<p><font size="2"><font face="Times New Roman"><br />
</font></font> </p>
<div><br clear="all" /><font face="Times New Roman" size="2"><br />
<hr align="left" width="33%" size="1" /></font> </p>
<div id="ftn1"><a name="_ftn1"></a><font face="Times New Roman" size="2">† Paul Toscano (M.A., J.D.) is the Director </font><font face="Times New Roman" size="2">of The USERTrust Network, a public key, private repository, and data and transaction management infrastructure comprised of Cybercitizens Trust, Universal Secured Encryption Repository Company, (&#8220;USERFirst&#8221;), and USERTrust Inc. A Digital Analog Technology Applications Corporation (&#8220;USERTrust Inc.&#8221;). These allied companies provide encryption products and fiduciary repository services to facilitate e-commerce/e-business worldwide. Since 1997, Mr. Toscano has devoted himself to developing legal/technological structures that safeguard informational privacy in electronic and digital transmissions through the use of public key encryption.  Mr. Toscano has published several articles and a book on First Amendment freedoms.  Mr. Toscano wishes to express his appreciation to Nicole Milos for<br />
inviting and encouraging the presentation and publication of this paper<br />
and to Hillary Victor and Keri Ellis for enriching it with their remarkable<br />
research and editorial skills.</font></div>
<div id="ftn2"><a name="_ftn2"></a><font size="2"><font face="Times New Roman"><em>        </em>[1]<em>.   See</em> Jay Krasovec, <em>Cyberspace: The Final Frontier, for Regulation?</em>, 31 Akron L. Rev. 101 n. 1 (1997).  &#8220;Cyber universe&#8221; is a synonym for &#8220;cyberspace,&#8221; a term coined by author William Gibson and used as a metaphor to describe the non-physical terrain created by computer systems, including the links through which people can communicate with one another (via e-mail), do research, or shop.  <em>Id. </em> Like physical space, cyberspace contains objects (such as files, mail messages, graphics, etc.), but unlike real space, cyberspace does not require any physical movement other than pressing keys on a keyboard or moving a mouse apparatus that triggers the transmission of electromagnetic impulses or waves.</font></font></div>
<div id="ftn3"><a name="_ftn3"></a><font size="2"><font face="Times New Roman"><em>        </em>[2]<em>.   See </em>Marcus Maher, <em>An Analysis of Internet Standardization</em>, 3 Va. J.L. &#038; Tech. 5 (1998) (accessed Dec. 6, 2000).  &#8220;Internet&#8221; is the term used to describe the interconnected networks employing the Transmission Control Protocol/Internet Protocol (TCP/IP) communications protocols.  <em>Id.<br />
</em></font></font></div>
<div id="ftn4"><a name="_ftn4"></a><font size="2"><font face="Times New Roman"><em>        </em>[3]<em>.   See Gulf Power Co. v. FCC</em>, 226 F.3d 1220 (11th Cir. 2000).  &#8220;Wireless communication&#8221; refers to communication by way of systems that are linked in whole or in part through high-frequency radio transmissions rather than physical means such as wires or fiber optical cable.  <em>Id.<br />
</em></font></font></div>
<div id="ftn5"><a name="_ftn5"></a><font size="2"><font face="Times New Roman">        [4].   Finley P. Maxson, <em>A Pothole on the Inforamtion Superhighway: BBS Operator Liability for Defamatory Statements</em>, 75 Wash U. L.Q. 673 n. 1 (1997) (explaining cyberspace is a new frontier).</font></font></div>
<div id="ftn6"><a name="_ftn6"></a><font size="2"><font face="Times New Roman"><em>        </em>[5]<em>.   See generally</em> Krasovec, <em>supra</em> n. 2.  &#8220;Cyber frontier&#8221; is a metaphor for cyberspace in its current formative period.  <em>Id.<br />
</em></font></font></div>
<div id="ftn7"><a name="_ftn7"></a><font size="2"><font face="Times New Roman">        [6].   Internet Com, <em>ARPANET</em> (accessed Oct. 19, 2000).  ARPANET was a large wide-area network created by the United States Defense Advanced Research Project Agency (ARPA).  <em>Id.  </em>Established in 1969, ARPANET is considered the &#8220;precursor to the Internet.&#8221;  <em>Id.<br />
</em></font></font></div>
<div id="ftn8"><a name="_ftn8"></a><font size="2"><font face="Times New Roman">        [7].   The World-Wide Web (&#8220;Web&#8221;) is a system of Internet servers that supports documents formatted in hypertext markup language (&#8220;HTML&#8221;), which supports links to other documents as well as to graphics and audio–video files that are hosted on different computers linked together through the Internet.  The Internet and the World-Wide Web are not the same entity; not all Internet servers are part of the Web.  <font color="#ff0000"><strong><del cite="mailto:5ellisk" datetime="2001-01-12T12:42">[Query 7: PJT's Answer: Yes, this captures my intent very well.]</del></strong><del cite="mailto:5ellisk" datetime="2001-01-12T12:42">  </del></font>Applications (complex software programs) called browsers allow users to access the Web.  Two of the most popular browsers are Microsoft&#8217;s Internet Explorer and Netscape Navigator.</font></font></div>
<div id="ftn9"><a name="_ftn9"></a><font size="2"><font face="Times New Roman"><em>        </em>[8]<em>.   See generally</em> Thomas Hobbes, <em>Leviathan</em> ch. xviii (Norton 1996).</font></font></div>
<div id="ftn10"><a name="_ftn10"></a><font size="2"><font face="Times New Roman">        [9].   &#8220;Cyber settlers&#8221; is a metaphor for Internet users.</font></font></div>
<div id="ftn11"><a name="_ftn11"></a><font size="2"><font face="Times New Roman">      [10].   &#8220;Cyber colonists&#8221; is a metaphor referring to regular users of the Internet for business or commercial transactions.</font></font></div>
<div id="ftn12"><a name="_ftn12"></a><font size="2"><font face="Times New Roman"><em>      </em>[11]<em>.   See</em> Amelia H. Boss, <em>Electronic Commerce &#038; the Symbiotic Relationship Between International &#038; Domestic Law Reform</em>, 72 Tul. L. Rev. 1931 n. 71 (1998) (citing Electronic Data Interchange, Preliminary Study of Legal Issues Related to the Formation of Contracts by Electronic Means: Report of the Secretary-General, U.N. Doc. A/CN.9/333 (1990), which discusses legal enforceability of electronic transactions).</font></font></div>
<div id="ftn13"><a name="_ftn13"></a><font size="2"><font face="Times New Roman"><em>      </em>[12]<em>.   See e.g.</em> Constance K. Robinson, <em>Network Effects in Telecommunication Mergers MCI WorldCom Merger: Protecting the Future of the Internet</em>, 1192 PLI/Corp 517, 529 (2000) (explaining the Internet has grown from 100 million users in 1995 to over 140 million in 2000).</font></font></div>
<div id="ftn14"><a name="_ftn14"></a><font size="2"><font face="Times New Roman"><em>      </em>[13]<em>.   See generally</em> Paul M. Schwartz &#038; Joel R. Reidenberg, <em>Data Privacy Law: A Study of United States Data Protection</em> (Michie Law Publishers 1996).</font></font></div>
<div id="ftn15"><a name="_ftn15"></a><font size="2"><font face="Times New Roman"><em>      </em>[14]<em>.   See generally id.  </em>Because cyberspace has no physical borders, persons from any nation, state, or territory who have adequate technology and connectivity can access the Internet and engage in personal, business, or commercial transactions.</font></font></div>
<div id="ftn16"><a name="_ftn16"></a><font size="2"><font face="Times New Roman">      [15].   This weakness is repeatedly demonstrated by hackers—usually men in their teens and twenties—who introduce into the Internet computer programs called &#8220;viruses&#8221; that can potentially destroy electronic information, software, and hardware on remotely located computers and servers, thus causing millions of dollars in damages worldwide.</font></font></div>
<div id="ftn17"><a name="_ftn17"></a><font size="2"><font face="Times New Roman"><em>      </em>[16]<em>.   Id.</em></font></font></div>
<div id="ftn18"><a name="_ftn18"></a><font size="2"><font face="Times New Roman">      [17].   David Johnson &#038; David G. Post, <em>The Rise of Law on the Global Network</em>, in <em>Borders in Cyberspace</em> 3–47 (Brian Kahnin &#038; Charles Nesson, eds., MIT Press 1999).</font></font></div>
<div id="ftn19"><a name="_ftn19"></a><font size="2"><font face="Times New Roman"><em>      </em>[18]<em>.   See e.g.</em> McBride, Baker, and Coles, <em>Summary of E-Commerce and Digital Signature Legislation </em>(last updated Oct. 17, 2000).</font></font></div>
<div id="ftn20"><a name="_ftn20"></a><font size="2"><font face="Times New Roman"><em>      </em>[19]<em>.   See generally </em>Henry H. Perritt, Jr., <em>Regulating Models for Protecting Privacy on the Internet</em> (accessed Oct. 19, 2000).</font></font></div>
<div id="ftn21"><a name="_ftn21"></a><font size="2"><font face="Times New Roman"><em>      </em>[20]<em>.   See generally Health Insurance Portability &#038; Accountability Act of 1996</em>, Pub. L. No. 104-191, 110 Stat. 1936 (1996) (HIPAA) (requiring efficiency in healthcare delivery by standardizing electronic data interchange and the protection of confidentiality and security of health data); <em>see also</em> Council Directive 95/46/EC 1995 O.J. (L 281) 31 (enumerating the protections of individuals with regard to the processing of personal data and on the free movement of such data) [hereinafter Council Directive].</font></font></div>
<div id="ftn22"><a name="_ftn22"></a><font size="2"><font face="Times New Roman">      [21].   David H. Flaherty, <em>Controlling Surveillance: Can Privacy Protection Be Made Effective?</em> in <em>Technology and Privacy, The New Landscape</em> 168–192 (Philip E. Agre &#038; Marc Rotenberg eds., MIT Press 1998).</font></font></div>
<div id="ftn23"><a name="_ftn23"></a><font size="2"><font face="Times New Roman"><em>      </em>[22]<em>.   See generally </em>Schwartz, <em>supra</em> n. 11.</font></font></div>
<div id="ftn24"><a name="_ftn24"></a><font size="2"><font face="Times New Roman"><em>      </em>[23]<em>.   See e.g.</em> David Allweiss, <em>Copyright Infringement on the Internet: Can the Wild, Wild West Be Tamed?</em>, 15 Touro. L. Rev. 1005 (1999) (comparing the Internet to the American Old West).</font></font></div>
<div id="ftn25"><a name="_ftn25"></a><font size="2"><font face="Times New Roman"><em>      </em>[24]<em>.   See generally </em>Paul Toscano, <em>Cyber, Cypher, and Sense: Are You Ready for O.D.A.—Year Zero of the Digital Age?</em>, 12 Utah. B.J. 8 (Nov. 1999).</font></font></div>
<div id="ftn26"><a name="_ftn26"></a><font size="2"><font face="Times New Roman"><em>      </em>[25]<em>.   See</em> Kenneth P. Weinberg, <em>Cryptography: &#8220;Key Recovery&#8221; Shaping Cyberspace (Pragmatism and Theory)</em>, 5 J. Intell. Prop. L. 667, 674 (1998) (describing &#8220;shared single key&#8221; cryptography system).</font></font></div>
<div id="ftn27"><a name="_ftn27"></a><font size="2"><font face="Times New Roman"><em>      </em>[26]<em>.   See generally</em> Christopher C. Miller, <em>For Your Eyes Only? The Real Consequences of Unencrypted E-Mail in Attorney–Client Communication</em>, 80 B.U. L. Rev. 613, 625 (2000) (describing public and private key cryptography).</font></font></div>
<div id="ftn28"><a name="_ftn28"></a><font size="2"><font face="Times New Roman"><em>      </em>[27]<em>.   Id.</em></font></font></div>
<div id="ftn29"><a name="_ftn29"></a><font size="2"><font face="Times New Roman"><em>      </em>[28]<em>.   See</em> Gary Rice, <em>Strategies for Financial Institutions in the New E-Commerce Economy</em>, 1156 PLI/Corp 803, 915–916 (Dec. 1999).</font></font></div>
<div id="ftn30"><a name="_ftn30"></a><font size="2"><font face="Times New Roman"><em>      </em>[29]<em>.   See </em>James Hill, <em>Lock and Load</em>, 8 Bus. L. Today 8, 10 (Nov/Dec 1998).</font></font></div>
<div id="ftn31"><a name="_ftn31"></a><font size="2"><font face="Times New Roman"><em>      </em>[30]<em>.   See generally</em> Toscano, <em>supra</em> n. 25.</font></font></div>
<div id="ftn32"><a name="_ftn32"></a><font size="2"><font face="Times New Roman"><em>      </em>[31]<em>.   Id.</em></font></font></div>
<div id="ftn33"><a name="_ftn33"></a><font size="2"><font face="Times New Roman"><em>      </em>[32]<em>.   See Viktor Frankl, Renowned Austrian Psychiatrist, Dead at 92</em> (accessed Nov. 10, 2000).<em> </em>Viktor Frankl, born in 1905, was imprisoned at Auschwitz in 1942, survived, resumed his work as a psychiatrist after World War II, founded the school of logotherapy in Vienna, Austria, and died in March 1999.  <em>Id.</em><em><br />
</em></font></font></div>
<div id="ftn34"><a name="_ftn34"></a><font size="2"><font face="Times New Roman">      [33].   Viktor Frankl, <em>Man&#8217;s Search for Meaning: An Introduction to Logotherapy </em>63 (Simon &#038; Schuster 1959).</font></font></div>
<div id="ftn35"><a name="_ftn35"></a><font size="2"><font face="Times New Roman"><em>      </em>[34]<em>.   See generally id.</em></font></font></div>
<div id="ftn36"><a name="_ftn36"></a><font size="2"><font face="Times New Roman"><em>      </em>[35]<em>.   See generally id.</em></font></font></div>
<div id="ftn37"><a name="_ftn37"></a><font size="2"><font face="Times New Roman"><em>      </em>[36]<em>.   See generally id.</em></font></font></div>
<div id="ftn38"><a name="_ftn38"></a><font size="2"><font face="Times New Roman"><em>      </em>[37]<em>.   See generally id.</em></font></font></div>
<div id="ftn39"><a name="_ftn39"></a><font size="2"><font face="Times New Roman"><em>      </em>[38]<em>.   See generally id.</em></font></font></div>
<div id="ftn40"><a name="_ftn40"></a><font size="2"><font face="Times New Roman"><em>      </em>[39]<em>.   See generally id.</em></font></font></div>
<div id="ftn41"><a name="_ftn41"></a><font size="2"><font face="Times New Roman"><em>      </em>[40]<em>.   See generally id.</em></font></font></div>
<div id="ftn42"><a name="_ftn42"></a><font size="2"><font face="Times New Roman">      [41].   David L. Gripman, Student Author, <em>Electronic Document Certification: A Primer on the Technology Behind Digital Signatures</em>, 17 John Marshall J. Comp. &#038; Info. L. 769, 775 (1999).</font></font></div>
<div id="ftn43"><a name="_ftn43"></a><font size="2"><font face="Times New Roman"><em>      </em>[42]<em>.   Id.</em> at 775, nn. 51, 53.</font></font></div>
<div id="ftn44"><a name="_ftn44"></a><font size="2"><font face="Times New Roman"><em>      </em>[43]<em>.   Id.</em></font></font></div>
<div id="ftn45"><a name="_ftn45"></a><font size="2"><font face="Times New Roman"><em>      </em>[44]<em>.   Id.</em></font></font></div>
<div id="ftn46"><a name="_ftn46"></a><font size="2"><font face="Times New Roman"><em>      </em>[45]<em>.   Id.</em></font></font></div>
<div id="ftn47"><a name="_ftn47"></a><font size="2"><font face="Times New Roman"><em>      </em>[46]<em>.   See generally </em>NIST, <em>Federal Agency Use of Public Key Technology for Digital Signatures and Authentication</em> http://csrc.nist.gov/publications/nistpubs/800-25/sp800-25.p</font></font><a name="_Hlt501801050"></a><font face="Times New Roman" size="2">d</font><font face="Times New Roman" size="2">f (accessed Dec. 18,  2000).</font></div>
<div id="ftn48"><a name="_ftn48"></a><font size="2"><font face="Times New Roman">      [47].   To understand the fundamental nature of a digital document, it is necessary to understand that cyberspace is, in essence, comprised of electronic impulses. Digital information consists of patterns of electromagnetic charges that can be transmitted or preserved in such media as silicon (as in silicon chips), magnetic tape (as in floppy disks), or as light patterns in plastic (as in CDs). The presence and absence of electromagnetic charges can constitute a microcosmic code—analogous to Morse code—and used to communicate with machines.  This is possible because a machine can be made to respond to a given pattern of such charges. A computer is just a machine. To a computer, a human readable text is merely a stream of electromagnetic impulses.  These impulses can be expressed by humans as patterns of zeros and ones, where a one represents the presence and a zero the absence of an electromagnetic charge.</font></font> </p>
<p><font face="Times New Roman" size="2">Most people in the world use the ten Arabic digits (0–9).  However, any number can be written using only the digits 0 and 1 by adopting the logic of the binary number system (0 = 0, 1 = 1, 2 = 10, 3 = 11, 4 = 100, 5 = 101, 6 = 110, 7 = 111, 8 = 1000, 9 = 1001, 10 = 1010, etc.).  This system is used to create patterns of zeros and ones that represent patterns of electromagnetic charges. Using binary numbers, a computer programmer can create computer codes or programs.  For example, the binary number 1011 can be used to represent the letter &#8220;A.&#8221;  The number 1011 actually represents a pattern of electromagnetic impulses (1 = Charge, 0 = No charge, 1 = Charge, 1 = Charge).  The programmer can tap out the binary number on a keyboard and cause the equivalent charge or no charge to be created as a pattern of impulses. The computer can be made to receive this pattern and save it.  It can also be made to receive this pattern and compare it against an already saved version of it.  Upon comparison, if the two patterns match, the computer can be made to send a signal that creates a light pattern on a monitor that, to a human, is readable as the letter &#8220;A.&#8221;   Every symbol readable to humans is really a binary code that represents a corresponding pattern of electromagnetic impulses that is readable by the computer.  A text made up of such symbols is a digital text because its symbols are comprised of patterns of the digits 0 and 1. To encrypt such a text, it is necessary only to alter the 0s and 1s from the standard patterns used to represent the alphabet into idiosyncratic patterns that produce gibberish instead. Such an encryption process treats the string of digits constituting the plain text as if those digits were a single number.  The process then performs on that number a mathematical operation such as multiplication and applies to that operation another number such as a public or private encryption key.  Thus, by taking the plain text number and multiplying it by the encryption code number, the resulting product will be a number that constitutes the encrypted message or cipher text.  When the computer reads this cipher text, it will produce not the letters of the alphabet, but a text of nonsense.  This is because the 0s and 1s of the cipher text no longer correspond to the codes for the letters of the alphabet. The only way a human can read this message is to decrypt it by returning the 0s and 1s to their original plain text pattern.  If a public key was used to encrypt such a text, then only the corresponding private key can be used to reverse the mathematical operation and return the scrambled 0s and 1s and corresponding electromagnetic impulses back to their original readable pattern.</font></div>
<div id="ftn49"><a name="_ftn49"></a><font size="2"><font face="Times New Roman">      [48].   Gripman, <em>supra</em> n. 42, at 777.</font></font></div>
<div id="ftn50"><a name="_ftn50"></a><font size="2"><font face="Times New Roman"><em>      </em>[49]<em>.   Id.</em></font></font></div>
<div id="ftn51"><a name="_ftn51"></a><font size="2"><font face="Times New Roman"><em>      </em>[50]<em>.   Id.</em></font></font></div>
<div id="ftn52"><a name="_ftn52"></a><font size="2"><font face="Times New Roman"><em>      </em>[51]<em>.   Id.</em></font></font></div>
<div id="ftn53"><a name="_ftn53"></a><font size="2"><font face="Times New Roman"><em>      </em>[52]<em>.   Id.</em> at 779.</font></font></div>
<div id="ftn54"><a name="_ftn54"></a><font size="2"><font face="Times New Roman">      [53].   Toscano, <em>supra</em> n. 25, at 9.</font></font></div>
<div id="ftn55"><a name="_ftn55"></a><font size="2"><font face="Times New Roman"><em>      </em>[54]<em>.   Id.</em></font></font></div>
<div id="ftn56"><a name="_ftn56"></a><font size="2"><font face="Times New Roman"><em>      </em>[55]<em>.   Id.</em></font></font></div>
<div id="ftn57"><a name="_ftn57"></a><font size="2"><font face="Times New Roman"><em>      </em>[56]<em>.   Id.</em></font></font></div>
<div id="ftn58"><a name="_ftn58"></a><font size="2"><font face="Times New Roman"><em>      </em>[57]<em>.   Id.</em></font></font></div>
<div id="ftn59"><a name="_ftn59"></a><font size="2"><font face="Times New Roman">      [58].   <em>See</em> Bruce Schneier, <em>Applied Cryptography</em> 160 (2nd ed., Willey &#038; Sons 1996).</font></font></div>
<div id="ftn60"><a name="_ftn60"></a><font size="2"><font face="Times New Roman"><em>      </em>[59]<em>.   See</em> Whitfield Diffie &#038; Susan Landau,<em> Privacy on the Line: The Politics of Wiretapping and Encryption</em> ch. 2 (MIT Press 1999).  Public key cryptography was invented in 1976 by Whitfield Diffie and Martin Hellman and is sometime called Diffie-Hellman encryption.  <em>Id.<br />
</em></font></font></div>
<div id="ftn61"><a name="_ftn61"></a><font size="2"><font face="Times New Roman">      [60].   For example, an email message may, before it is sent, be encrypted with the unique encryption key of its sender thereby identifying the source of the message.  It can also be encrypted again with the unique encryption code of the intended recipient, thereby ensuring that only he or she can read it.</font></font></div>
<div id="ftn62"><a name="_ftn62"></a><font size="2"><font face="Times New Roman">      [61].   An email message is merely a string of binary numbers that represent the numerical codes that are translated by the computer into letters, numbers, and symbols readable by human beings.  Before an email message is sent, the binary numbers that constitute the message can be treated as a single number and arithmetically reduced to a smaller, one-of-a-kind number, called the hash number.  This hash number can be sent with the message.  Upon its arrival, the message can be hashed again.  The two hashes can be compared.  An exact match is proof that the message sent is identical to the message received.  A mismatch is proof that the message sent differs in some respect from the message received and, therefore, should not be trusted. Hash numbers are used in this way to tamper-proof digital transmissions.</font></font></div>
<div id="ftn63"><a name="_ftn63"></a><font size="2"><font face="Times New Roman">      [62].   The reliability of any cyber identifier depends entirely upon the reliability of the practices used to authenticate, document, and certify the identity of the real world person and bind the authenticated identifying information to that person&#8217;s cyber identifier.</font></font></div>
<div id="ftn64"><a name="_ftn64"></a><font size="2"><font face="Times New Roman">      [63].   Ira Glasser, <em>The Struggle for a New Paradigm: Protecting Free Speech and Privacy in the Virtual World of Cyberspace</em>, 23 Nova L. Rev. 627, 627–628 (1999).</font></font></div>
<div id="ftn65"><a name="_ftn65"></a><font size="2"><font face="Times New Roman">      [64].   Paul J. Toscano, Presentation, <em>Taming the Cyber Frontier: Security Is Not Enough!</em> (Carnegie Mellon Institute for Survivable Systems, July 24, 2000).</font></font></div>
<div id="ftn66"><a name="_ftn66"></a><font size="2"><font face="Times New Roman"><em>      </em>[65]<em>.   Webster&#8217;s Third New International Dictionary</em> 1804–1805 (3rd ed., Merriam –Webster 1993)</font></font></div>
<div id="ftn67"><a name="_ftn67"></a><font size="2"><font face="Times New Roman">      [66].   Fahnestock v. Fahnestock, 76 Cal. App. 2d 817, 819 (1946).</font></font></div>
<div id="ftn68"><a name="_ftn68"></a><font size="2"><font face="Times New Roman">      [67].   Donna M. Lambert, Fernando R. Laguarda, &#038; Amy L. Bushyeager, <em>Overview of Internet Legal and Regulatory Issues</em>, 544 PLI/Pat 179, 230 (1998).</font></font></div>
<div id="ftn69"><a name="_ftn69"></a><font size="2"><font face="Times New Roman"><em>      </em>[68]<em>.   See generally</em> David F. Linowes &#038; Ray C. Spencer, <em>Privacy: The Workplace Issue of the &#8217;90s</em>, 23 John Marshall L. Rev. 591 (1990).</font></font></div>
<div id="ftn70"><a name="_ftn70"></a><font size="2"><font face="Times New Roman"><em>      </em>[69]<em>.   Id.</em></font></font></div>
<div id="ftn71"><a name="_ftn71"></a><font size="2"><font face="Times New Roman"><em>      </em>[70]<em>.   Id.</em></font></font></div>
<div id="ftn72"><a name="_ftn72"></a><font size="2"><font face="Times New Roman"><em>      </em>[71]<em>.   Id.</em></font></font></div>
<div id="ftn73"><a name="_ftn73"></a><font size="2"><font face="Times New Roman"><em>      </em>[72]<em>.   See </em>The Usertrust Network, <em>What Is a PKI?</em> (accessed Oct. 17, 2000).  A public key infrastructure (PKI) is an arrangement of technological, organizational, legal, and security systems that supports the integrity, reliability, and interoperability of digital certificates, digital signatures, and applications based on digital signature technology.  <em>Id</em>.  A PKI can consist of policy approval authorities, certificate authorities, and registration authorities that verify and authenticate the identity of each party involved in an Internet transaction.  <em>Id</em>.  PKIs are currently evolving and there is no single PKI or even agreed-upon standard for organizing a PKI.  <em>Id</em>.  However, nearly everyone agrees that reliable PKIs are necessary before e-commerce and e-business can become widespread.  <em>Id</em>.  In sum, a PKI is what makes a digital signature valid.  <em>Id</em>.</font></font></div>
<div id="ftn74"><a name="_ftn74"></a><font size="2"><font face="Times New Roman"><em>      </em>[73]<em>.   See </em>A. Michael Froomkin, <em>The Metaphor is the Key: Cryptography, the Clipper Chip, and the Constitution</em>, 142 U. Pa. L. Rev. 709, 712 (1995).</font></font></div>
<div id="ftn75"><a name="_ftn75"></a><font size="2"><font face="Times New Roman"><em>      </em>[74]<em>.   Id.</em></font></font></div>
<div id="ftn76"><a name="_ftn76"></a><font size="2"><font face="Times New Roman"><em>      </em>[75]<em>.   Id.</em></font></font></div>
<div id="ftn77"><a name="_ftn77"></a><font size="2"><font face="Times New Roman"><em>      </em>[76]<em>.   Id.</em></font></font></div>
<div id="ftn78"><a name="_ftn78"></a><font size="2"><font face="Times New Roman"><em>      </em>[77]<em>.   Id.</em></font></font></div>
<div id="ftn79"><a name="_ftn79"></a><font size="2"><font face="Times New Roman"><em>      </em>[78]<em>.   Id.</em></font></font></div>
<div id="ftn80"><a name="_ftn80"></a><font size="2"><font face="Times New Roman"><em>      </em>[79]<em>.   See </em>Michael J. Osty &#038; Michael J. Pulcanio, <em>The Liability of Certification Authorities to Relying Third Parties</em>, John Marshall J. Comp. &#038; Info. Law 961, 967–968 (1999) (stating that electronic transactions are still susceptible to fraud).</font></font></div>
<div id="ftn81"><a name="_ftn81"></a><font size="2"><font face="Times New Roman"><em>      </em>[80]<em>.   Id.</em></font></font></div>
<div id="ftn82"><a name="_ftn82"></a><font size="2"><font face="Times New Roman"><em>      </em>[81]<em>.   Id.</em></font></font></div>
<div id="ftn83"><a name="_ftn83"></a><font size="2"><font face="Times New Roman">      [82].   Symposium, <em>Financial Privacy and the Theory of High-Tech Government Surveillance</em>, 77 Wash. U. L.Q. 461, 462 (1999).</font></font></div>
<div id="ftn84"><a name="_ftn84"></a><font size="2"><font face="Times New Roman"><em>      </em>[83]<em>.   See</em> NARA, Records Management Guidance for Agencies Implementing Electronic Signature Technologies (accessed Dec. 18, 2000).</font></font></div>
<div id="ftn85"><a name="_ftn85"></a><font size="2"><font face="Times New Roman"><em>      </em>[84]<em>.   Id.</em></font></font></div>
<div id="ftn86"><a name="_ftn86"></a><font size="2"><font face="Times New Roman"><em>      </em>[85]<em>.   Id.</em></font></font></div>
<div id="ftn87"><a name="_ftn87"></a><font size="2"><font face="Times New Roman"><em>      </em>[86]<em>.   Id.</em></font></font></div>
<div id="ftn88"><a name="_ftn88"></a><font size="2"><font face="Times New Roman"><em>      </em>[87]<em>.   Id.</em></font></font></div>
<div id="ftn89"><a name="_ftn89"></a><font size="2"><font face="Times New Roman"><em>      </em>[88]<em>.   Id.</em></font></font></div>
<div id="ftn90"><a name="_ftn90"></a><font size="2"><font face="Times New Roman"><em>      </em>[89]<em>.   See generally</em> Jeffrey Rosen, <em>The Eroded Self</em>, N.Y. Times Mag. 46 (Apr. 30, 2000).</font></font></div>
<div id="ftn91"><a name="_ftn91"></a><font size="2"><font face="Times New Roman">      [90].   Federal Trade Comm., On-Line Profiling Workshop of 1999 (Nov. 8, 1999) (provided by Alderson Reporting Company at 1-800-FOR-DEPO) [hereinafter FTC Workshop].</font></font></div>
<div id="ftn92"><a name="_ftn92"></a><font size="2"><font face="Times New Roman"><em>      </em>[91]<em>.   Id.</em></font></font></div>
<div id="ftn93"><a name="_ftn93"></a><font size="2"><font face="Times New Roman"><em>      </em>[92]<em>.   See </em>Usernet, <em>supra</em> n. 28.</font></font></div>
<div id="ftn94"><a name="_ftn94"></a><font size="2"><font face="Times New Roman"><em>      </em>[93]<em>.   Id.</em></font></font></div>
<div id="ftn95"><a name="_ftn95"></a><font size="2"><font face="Times New Roman"><em>      </em>[94]<em>.   See generally</em> Rosen, <em>supra</em> n. 29; <em>see also</em> Usernet, <em>supra</em> n. 28.</font></font></div>
<div id="ftn96"><a name="_ftn96"></a><font size="2"><font face="Times New Roman"><em>      </em>[95]<em>.   See </em>Usernet, <em>supra</em> n. 28.</font></font></div>
<div id="ftn97"><a name="_ftn97"></a><font size="2"><font face="Times New Roman"><em>      </em>[96]<em>.   See </em>Osty &#038; Pulcanio, <em>supra</em> n. 32, at 964–967.</font></font></div>
<div id="ftn98"><a name="_ftn98"></a><font size="2"><font face="Times New Roman"><em>      </em>[97]<em>.   See </em>Perfect 10, Inc. v. Talisman Communications, Inc., 2000 WL 364813 (C.D. Cal Mar. 27, 2000).</font></font></div>
<div id="ftn99"><a name="_ftn99"></a><font size="2"><font face="Times New Roman"><em>      </em>[98]<em>.   Electronic Communications Privacy Act</em>, 18 U.S.C. §§ 2701–2711, 3117–3127 (2000).</font></font></div>
<div id="ftn100"><a name="_ftn100"></a><font size="2"><font face="Times New Roman"><em>      </em>[99]<em>.   See</em> FTC Workshop, <em>supra </em>n. 35.</font></font></div>
<div id="ftn101"><a name="_ftn101"></a><font size="2"><font face="Times New Roman"><em>    </em>[100]<em>.   Id.</em></font></font></div>
<div id="ftn102"><a name="_ftn102"></a><font size="2"><font face="Times New Roman"><em>    </em>[101]<em>.   See</em> Keith Perine, <em>The Persuader</em>, The Industry Standard 154, 161–162 (Nov. 13, 2000).</font></font></div>
<div id="ftn103"><a name="_ftn103"></a><font size="2"><font face="Times New Roman">    [102].   This list is the result of my analysis of various aspects of informational privacy concerns, protections and assurances.  <em>See </em>Council Directive, <em>supra </em>n. 21; William L. Prosser and W. Page Keeton, <em>Prosser and Keeton on the Law of Torts</em>, (West 1984); <em>see also </em>Ellen Alderman &#038; Caroline Kennedy, <em>The Right to Privacy</em> 157 (Vantage Books 1997) (explaining the invasion of privacy torts).</font></font></div>
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		<title>THE VARIETIES OF IRRELIGIOUS EXPERIENCE: LECTURE I</title>
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		<dc:creator>Paul Toscano</dc:creator>
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		<description><![CDATA[SCHOOLMARMERY, SUCCESS-MONGERY, AND SYCOPHANCY
by Paul Toscano 
In the last 25 years, America has become more conservative. This starboard list is evidenced (1) by an intensifying hostility toward abortion and homosexuality that is intolerant of the individual freedom and privacy of many citizens; (2) by a spreading obsession with material success that results in waste of the [...]]]></description>
			<content:encoded><![CDATA[<p align="center"><font size="3"><font face="Times New Roman">SCHOOLMARMERY, SUCCESS-MONGERY, AND SYCOPHANCY</font></font></p>
<p align="center"><font face="Times New Roman" size="3">by Paul Toscano</font> </p>
<p><font size="3"><font face="Times New Roman">In the last 25 years, America has become more conservative. This starboard list is evidenced (1) by an intensifying hostility toward abortion and homosexuality that is intolerant of the individual freedom and privacy of many citizens; (2) by a spreading obsession with material success that results in waste of the nation’s natural resources and deterioration of the global environment; and (3) by a deepening intolerance for public criticism that holds leaders accountable for abuses of power in both public and private institutions. These wide spread attitudes raise in my mind a number of questions: Why have so many Americans come to value sexual purity over freedom, privacy, and tolerance? Why have they come to equate spirituality with measurable material success even when achieved by exploitation? Why are they willing to abdicate personal judgment on important open questions and to yield to the preferences of authoritarian leaders? The answer, I believe, may be derived from an exploration of certain faith-based misconceptions that I refer to here as the varieties of irreligious experience. </font></font></p>
<p><font size="3"><font face="Times New Roman">By “irreligious” I do not mean agnostic, atheistic, secular, or indifferent. I mean obsessive, selfish, narcissistic, immature, or damaging beliefs and practices that usually stem from the worship of God not as a devotional end in itself but as a means to some end outside itself, such as power, pleasure, privilege, or prestige and that offer simple, comforting standards for identifying, judging, excluding, and scapegoating non-believers. </font></font></p>
<p><font size="3"><font face="Times New Roman">In 1901-02, William James presented a series of lectures in Edinburgh (<em>The Varieties of Religious Experience: A Study In Human Nature). </em>In his lectures, he explored only first-rate religious experiences articulated by fully self-conscious individuals; he ignored what he called “second-hand religion.” In this paper I will take the opposite tack and explore three manifestations of second-hand religion—or irreligious experience—that I believe illuminate some of the reasons for the disturbing erosion of Americans’ commitment to liberty guaranteed in the nation’s founding documents.</font> </font><font face="Times New Roman" size="3">The most prevalent of these, which I call schoolmarmery, equates spirituality with outward manifestations of piety, achieved primarily by compliance with rules of conventional morality and sometimes of ritual purity, but most often by the avoidance of certain spoken and unspoken taboos. A second, less-prevalent brand of irreligious experience, which I call success-mongery, is preoccupied with outward measures of success and by the belief that truth is mirrored in the bottom line of a financial statement and spirituality is quantifiable as material achievement. The third variety, which I call sycophancy, demands doctrinal certainty, simplicity, and authority to relieve its followers of the burden of independent thought and judgment by assuring them strong leaders as transference objects that promise order, security, tranquility, and even divine approval. These three varieties are not mutually exclusive. An individual can be preoccupied with purity, success, and authority all at once.</font></p>
<p><font face="Times New Roman" size="3">Purity has ever been the rival of license not only in the private spaces of people’s hearts and the intimate landscapes of personal relationships but with increasing intensity in political arenas and cultural theaters as well. It is unclear if the demand for purity in matters of sex and sexuality is the legacy of the early Puritans for whom America was a land reserved for the righteous or if it is an artifact of Victorianism with its double, double standard of rectitude, one set of rules for the upper and another for the lower class, and yet another set of rules for men, and still another for women. The initial immigration of Europeans to the New World was largely motivated by religion, while the later colonization of America and the founding of the republic were driven largely by secular ones. I remember seeing a cartoon of one Pilgrim saying to another: “I came for religious freedom, but I stayed for the real estate.” Manifest destiny was largely a secular vision; abolition, however, was largely a religious one. During the period of American expansion and industrialization, the secular challenge to religion that began with Galileo, Decartes, and Newton culminated in the controversy over the provenance of humankind with the publication of Darwin’s <em>Origin of Species. </em>Secular-religious rivalry intensified in the late 19<sup>th</sup> century and, by the end of World War I, the secular view had gained ascendancy due to advances in the medical arts, the work of Biblical critics, and the acceptance of the theory of relativity—all of which diminished the authority and prestige of religion and tested the faithful. The Scopes trial in the 1920s dealt a humiliating blow to religionists and their advocate William Jennings Bryan. The secularization of American consciousness continued into the 1930s and 1940s, aided by the media, particularly the film and pulp magazine industries. By the end of World War II, religious Americans found themselves outside the circles of power. In the period between 1947 and 1971, efforts of secularists like attorney Leo Pfeffer and his client the Americans United For The Separation Of Church And State succeeded in all but eradicating the influence of religion, particularly of Catholicism, in the public sector. During this period, the Supreme Court handed down a series of decisions that drew a bright line of demarcation between church and state that effectively demoted religious discourse in the public arena and banned religion from the public schools. In the late 1960s and the early 1970s, the New Left, with its appetite for free love, drugs, and rock-and-roll, widened the breach between traditional religion and American popular culture which the reflected the left-wing assumption that the ultimate good was “the most pleasure for the most people.” </font></p>
<p><font face="Times New Roman" size="3">The trivialization of religion in American life, aided, abetted, and funded by liberals, was deeply resented by conservative religious Americans, who over time became increasingly determined to retaliate in spades. It would take the religious right decades after World War II to identify itself, to understand and state its objections to secularism, to amass grass roots support, and to reformulate religious issues in political terms. But in the end it would succeed and visit judgment upon the heads of those who had mistakenly assumed that science and secularism could settle all the questions of the American mind and heart. By the latter half of the 20<sup>th</sup> century, the value of individual freedom espoused by the left and the value of moral conformity espoused by the right clashed when the proponents of sex, drugs and rock-n-roll collided with the advocates of God, country, and family values. A war on drugs, the collapse of communism, and a preference for supply-side economics framed the increased influence of the religious right in American politics. </font></p>
<p><font face="Times New Roman" size="3">The dichotomy between the political right and left, once secular and centered on money, was recentered on good vs. evil. Religious Republicans increasingly characterized not as wrong but as iniquitous those liberal political positions favoring women’s reproductive rights, homosexual rights, and welfare programs intended to provide financial aid to the poor without a <em>quid pro quo</em>—a strategy of demonization that has seriously damaged political debate about unsettled questions over which reasonable people might intelligently differ and has replaced debate with castigation and judgment, thereby weakening the democracy. By the beginning of the 21<sup>st</sup> century, the religious right wing of the Republican Party had become the political center of a new American Puritanism that left the Democratic Party in confusion and disarray and stigmatized it as languid and licentious. It was, however, liberal intellectual pride that provoked to action the proponents of this new Puritanism, which has two images, one negative and the other positive. </font></p>
<p><font face="Times New Roman" size="3">To its opponents, this new puritan imperative calls up the image of a hard-boiled, pursed-lipped schoolmarm, seething with sexual repression, armored in self-righteousness, ready to castigate, censor, and condemn any sign of sensuality or sexual irresponsibility&#8211;a punishing authoritarian who over-values order as essential and undervalues individual liberty as inimical to the group be it family, tribe, clan, nation, or global community. In this negative view, the schoolmarm is a martinet who falsely assumes that unhappiness, damage, loss, and pain result from individual freedom of expression rather than the autocratic demands of controlling persons; she believes the remedy for the nation’s ills is the repression of carnal desire by self-indulgent rather than transparent accountability by the powerful.</font></p>
<p><font face="Times New Roman" size="3">To its proponents, however, the puritan imperative is nothing more than the rejection of mediocrity, the renunciation of personal addictions and self-indulgence, the refusal to tolerate libidinous and licentious displays, and the condemnation of perversions. It is the affirmation of all that is proper, correct, conscientious, and reliable, the insistence on high standards and expectations, the promotion of restraint, order, security, and serenity; it is the right to introduce moral issues into the public arena by championing fetal life against the lurid abortionist and irresponsible mother, by preserving culture from a degenerate film industry, and by protecting the family from an insidious homosexual agenda. Its proponents image purity as a virgin, draped in the stars and stripes, carrying under her arm the Holy Scripture, and holding aloft the lighted torch of truth. She is Lady Liberty—not the liberty to be a libertine, but the liberty to be righteous.</font></p>
<p><font face="Times New Roman" size="3">This positive view of neo-puritanism is inspired, in part, by two assumptions commonly held by conservative Jews, Christians, and Muslims. The first is that Adam’s fall corrupted human nature leaving humankind susceptible to gluttony, lust, wrath, sloth, pride, envy, and greed; and a second assumption that only those who have renounced these are trustworthy. The contemporary obsession with personal purity is a form of asceticism, the <em>via negativa </em>as it was called in prior ages of Christianity. Asceticism trumps hedonism in the public arena because hedonism, though widespread in practice, is virtually impossible to justify in principle. To conservative religious Americans freedom in sexual matters is self-indulgent, irresponsible, confusing, messy, dangerous, and expensive, while sexual purity is selfless, responsible, uncomplicated, clean, safe, and economical and is thus the foundation of prosperity and peace.</font></p>
<p><font face="Times New Roman"><font size="3">No matter how attractive the beauty, charm, and audacity of the prodigal may be, he will not be trusted with power or the public purse or with responsibility for the institutions of industry, military, academy, or church. His prodigal needs and desires make him untrustworthy. What a growing number of followers prize most in their leaders (and in their God) is the absence of any personal desires, needs, or appetites whatsoever that might distract them from their duties, weaken them, or put them in conflict with the desires, needs, and appetites of the rank and file. Elizabeth I exemplified this point. So long as she was perceived as needing a husband, her throne was threatened; she found stability in her reign only after proclaiming herself a virgin beyond the reach of personal desires that could be manipulated or employed. Savvy politicians understand this principal with Machiavellian astuteness. Asceticism also trumps hedonism in the public arena because people crave acceptance, appreciation, and admiration; they want the praise, esteem, and good opinion of others. By renouncing self-indulgence, the exponents of purity seize the moral high ground thus enabling themselves to disapprove of self-indulgence in others without exposing themselves to like criticism; they can shame, judge, reject, and disapprove behaviors and ideas, and grade and downgrade choices, values, and aspirations—all from a safe moral high ground.</font><em><br />
</em></font><font face="Times New Roman" size="3">But is power really safe in the hands of prudes who often disdain joy and ignore beauty and are willing to surrender pleasure to acquire power? Are we really better off trusting a slim, vegetarian, anti-smoking, tea-totaling Hitler than an obese, carnivorous, cigar-smoking, whisky-imbibing Churchill? That Americans are increasingly willing to trust the former type over the latter is a direct result of the confusion of conventional morality with holiness, a heresy of American Christianity that runs clean contrary to the teachings of St. Paul’s New Testament <em>Epistle to the Romans</em>—a text now more honored by Christians in the breach than in the observance. </font></p>
<p><font face="Times New Roman" size="3">In <em>Romans</em>, Paul inveighed against the Puritanism of his day. The full force of his argument in <em>Romans </em>is directed toward the single objective of releasing the primitive Christian church from the stranglehold of the law of Moses. Paul’s argument, which sounds strange to the modern ear, was that circumcision, a ritual requirement of that Law imposed on Jews, should not be imposed on gentile converts to Christianity. Paul argued that the sign of a true Christian was not outward circumcision but a “circumcised heart.” The power of this argument is lost on simple Christians today. Paul’s point put directly, without reference to Jewish ritual, is that inward spirituality trumps outward piety. Why? Because outward piety can be faked by hypocrites and appropriated by institutions for their own ends and not God’s, while inward spirituality cannot; it is authentic and can be known and judged by God alone. Paul’s argument was that visible displays of purity and outward expressions of conformity—including circumcision—do not establish a person’s right relationship to God. His point is that Christianity is not about outward purity but inward holiness. Christians should not be focused on who is or isn’t circumcised. Jesus had said: “it is not what goes into a man that defiles him, but what comes out.” For St. Paul, taboo foods or drinks or foreskins do not contaminate. What contaminate are inauthenticity, inhumanity, and hypocrisy. For a genuine Christian, spirituality does not descend from a particular ancestor, or by virtue of a body type or sexuality, or from association with a certain tribe; it does not depend on whether one is married or unmarried, male or female, bond or free, black or white, young or old; it does not result from marking oneself with outward signs or assuming titles. Rather, the authentic Christian is one, even one who does not think of herself or himself as Christian, in whom the spirit of God dwells and out of that illumination seeks peace even in war, is merciful even to the unjust, and values thinking minds and working hands as much as praying lips.</font></p>
<p><font face="Times New Roman" size="3">Schoolmarmery is a religious heresy. It renders unto God that which belongs to Caesar. It is not simply a call for chastity and fidelity. It politicizes chastity and fidelity by thrusting turning matters of the soul into political weapons to be used to expose the personal weaknesses of public opponents. Schoolmarmery is also a heresy in the constitutional sense particularly in its claim that America is Christian. The founding documents of this country legally prohibit any claim upon the nation or its government by any religion or belief-structure. Yes, America is a Christian country, but only for Christians. For Jews it is a Jewish country. For Muslims, it is an Islamic country. For Hindus it is a Hindu country. For Wiccans it is a country for witches and warlocks. For positivists, agnostics, and atheists, it is a secular country where rationalism and science can flower. This is a country of many countries. It is a country of the people, by the people, and for the people. It is a country of a people of divided loyalties, of divided hopes, of divided fears. Americans can be loyal not only to their homeland, but to their religions, families, races, ethnicities, lovers, professions and vocations—the list goes on. But the one, over-arching loyalty that every American should share with every other American is loyalty to the ideal that each American should be willing to concede to every other American equal dignity and equal treatment before the law. This is the true heart of the American dream—not money but commutative justice, not materiality but restraint on the power of the state thereby leaving to each citizen a private sphere of action that is equally sacrosanct from invasion by any tyranny whatsoever, including the tyranny of the majority, a private sphere in which Americans may think, worship, and express their dissent.</font></p>
<p><font face="Times New Roman" size="3">Contemporary America is replete with religious and constitutional heretics who understand neither the aim of the American Revolution nor the argument of St. Paul’s <em>Epistle to the Romans</em> and, consequently, have turned from freedom and spirituality back to an improvident belief in conformity and reliance on coercion, thus making themselves the likely pawns of hypocrites and tyrants, preferring the pursuit of power, pleasure, prestige, privilege, and petty virtue in contradiction to the teachings of Jesus.</font></p>
<p><font face="Times New Roman" size="3">How, despite its heretical underpinnings and negative image, has schoolmarmery seized the higher political ground and convinced so many Americans to hate sin more than to love liberty? Why are so many Americans so willing to give power to prudes, to submit to self-anointed moral elitists who claim to renounce pleasure, to tolerate the disenfranchisement of the downtrodden, and to believe that liberals are devils? The answer is that righteousness, even self-righteousness, engenders strength and courage, while a sense of sin weakens resolve. For this reason those who see their weakness for sex, drugs, rock-and-roll, money, privilege and power are not likely to mount a cohesive and sustained attack on the claims of schoolmarmery. The self-righteousness, on the other hand, uninhibited by the softening effects of contemplation, the subtleties of irony, and the restraining influences of aesthetics, is ready, willing, and eager to advance itself by ruthless, coercive, and even violent means.</font></p>
<p><font face="Times New Roman" size="3">The tyranny of the self-righteousness is difficult to oppose even by a contingent willing to do so. Strategies and tactics that might work against a powerful, self-absorbed aristocracy or a self-interested corporate enterprise are less effective against a coalition of self-proclaimed prudes that include eccentric millionaires, mainstream and fundamentalist religionists, feisty pundits, tough-talking celebrities, gun-toting farmers and ranchers, unregenerated Aryans, and left-over supporters of the confederacy—a rag-tag array of factions separated by everything except a belief in their moral superiority, and their near-total, usually self-inflicted blindness to the danger their commitment to forced morality poses to the republic.</font></p>
<p><font face="Times New Roman" size="3">Of course, a tough critique of schoolmarmery is not impossible. Much could be made of its hypocrisy, its willingness to condemn lust but not greed, its eagerness to invade individual privacy, choice, and expression in sexual affairs but to avoid similar intrusions into business affairs, its denial that social controls often exacerbate social ills, its refusal to see that the criminalization of recreational drug use, abortion, prostitution, and non-traditional marriage forms not only interferes with the pursuit of happiness of some citizens and it tends rather than eliminate these perceived offenses to transform them into lucrative underworld commercial enterprises both foreign and domestic. The schoolmarm could be criticized for indifference to power abuses such as unfair redistricting, the erosion of bankruptcy relief, the appointment to governmental regulatory agencies of individuals biased in favor of the regulated industries, the judicial separation of poor parents from their children, the pursuit of economic globalization without adequate employment and environmental safeguards, the culpabilization of the normative behaviors of the poor, as well as the promulgation of policies that are rigid, uncompassionate, and indifferent to the economic sufferings of a shrinking middle and a growing lower class, both burdened with the crippling costs of health care and demoralizing increases in the costs of higher education.</font></p>
<p><font face="Times New Roman" size="3">Schoolmarmery is prepared for a counter-attack upon its critics by insisting that sexual self-control is more important in our leaders than concern for these larger issues, competence, equity, justice, even-handedness, fiscal responsibility, and the redress of power abuses committed under color of law. Schoolmarmery insists that supreme joy is to be deferred to an afterlife in the bosom of a heavenly father and seeks to impose that view on fellow citizens who believe, instead, that joy is to be found here and now in the bosom of an earthly lover. Schoolmarmery prefers the election to office of a lustless moron than a lustful genius. Schoolmarmery publicly condemns the venial sins of its opponents, thus, cloaking its own mortal sins, which it often sees as virtues, mistaking credulity for faith, denial for virtue, rigidity for strength, frigidity for chastity, cowardice for prudence, failure of imagination for good taste, selfishness for frugality, fear of reprisal for loyalty, and lust for admiration. Meanwhile feminists, homosexuals, and intellectuals endure the schoolmarm’s shrill denunciations simply for advocating opposing political positions. Liberals can expect no mercy from schoolmarms because mercy does not readily flow from those without a sense of sin, weakness and inadequacy.</font></p>
<p><font face="Times New Roman" size="3">To make its tactics palatable to the American public, schoolmarmery ignores its critics and resorts to sentimentality—appeals to God, flag, motherhood, apple pie, and the patriotic support of our heroic men and women in uniform—appeals that conceal rather than reveal facts, blur distinctions, and incite emotions in order to make genuine assessment almost impossible. Sentimentality is not merely excessive feeling. It is emotional propaganda, predicated on a pre-selection of details that elicit predetermined emotions that are false because these feelings are aroused by contrivance. The purpose of sentimentality is to render reason purblind and disable dissent. Schoolmarmery employs sentimentality as control, while despising passion which it views uncontrollable. This is why prudes can tolerate violence but not sex. They know eroticism can never serve the cause of purity, but believe violence can. This is why prudes condemn sins of passion while condoning sins of calculation, why they cannot tolerate homosexuality, but can support military crusades. The former involve unacceptable personal passions, while the latter involve the orderly array of power according to the utilitarian calculations of the self-righteous.</font></p>
<p><font face="Times New Roman" size="3">Let me now address much more briefly the second variety of irreligious experience, success-mongering (what William James referred to as the worship of “the bitch goddess success”), a variety characterized by the exaltation of material accomplishments and the demand for quantifiable achievements as a sign of divine favor and approval, a variety particularly suited to white males for whom the effortless accumulation of wealth is a miracle, a sign from heaven, a mark of divine approval, anointing on the elect, the divine right of kingpins. It is nothing less than God’s revocation of the curse laid on Adam that “by the sweat of thy face thou shalt eat thy bread all the days of thy life.” Success-mongery is the expectation of divine blessings in material terms and, therefore, a sheer delusion, a recipe for the sanctification of greed that goes uncorrected and unchastised probably because wealthy donors to religions do not respond generously to ecclesiastical rebukes of acquisitiveness. This is probably why most organized religions are willing to rain down pitchforks on those who commit sins of passion, while remaining unwilling to reproach sins of calculation. Like Schoolmarmery, success-mongery, finds lust a much more deserving target than greed.</font></p>
<p><font face="Times New Roman" size="3">Worse than this, however, is the success monger’s insistence on measuring the immeasurable, scrutinizing the inscrutable, and quantifying the ineffable, thus leading to an endless progression of surveys and statistical studies aimed at quantifying spirituality and goodness. Measuring tends to blind us to the reality of the eternal. The constant concern with verifiability tends to privilege the exterior elements of religion over the interior. Thus, the outward courage of the athlete or soldier may be prized above the inward courage of the scholar or secret benefactor. This is a recipe for spiritual disaster. It is materialism masquerading as religion. Religion is not primarily about materiality, even if it must maintain a secondary concern with materiality. Religion is about mystery. It addresses, though does not resolve, questions of ultimate concern. Where science asks how and measures to find out, religion asks why and contemplates the unanswered mysteries of life and death. To insist on measuring righteousness, spirituality, and holiness is like dissecting an adored beloved to find and measure the cause of adorability.</font></p>
<p><font face="Times New Roman" size="3">Success-mongers cannot distinguish the profane American dream of material success from the sacred idea of holiness. Success-mongery is based on the simplistic assumption that we can control our lives and the contexts in which we live. Yet, how can this be? We barely know ourselves or the times in which we are born. We know little about what transpires under our own roofs, and virtually nothing about what transpires under the roofs of others—except what we adduce by autobiographical projections and mediated stories. Success-mongery does not consider this depth of human ignorance, the opacity of the human mind, and the distortions of human egocentricity. As a result, success-mongers can delude themselves into the comfortable belief that they have achieved measurable success in life because of their cleverness and persistence when, in fact, such success, if success it is, has materialized due to circumstances out of their control and out of their ken. The successful are eager to take credit for results caused by chance, or fate, or grace, or the random particle theory. It is a narcissistic view that attributes to itself its own good fortune. Life for most people is not a road trip largely in the control of a knowledgeable and careful driver; it is more often a luge run—which Jerry Seinfeld observed is the only Olympic event that can be won involuntarily. Yes, we can influence some of what influences us, but the kind of control espoused by success-mongers is an illusion. Where schoolmarms believe in acquiring power through purity, success-mongers believe in acquiring power through planning and persistence. To maintain such faith requires a great deal of denial.</font></p>
<p><font face="Times New Roman"><font size="3">Success-mongery goes hand in glove with the final variety of irreligious experience: sycophancy. This variety is characterized by the demand for infallible leaders who will lift from their followers the burden of independent judgment. Most people do not want to think. As a college student, I would put off writing a paper by cleaning out my brief case. Writing is thinking, and frankly I preferred housekeeping. In fact, housekeeping is often a substitute for mental effort: It is easier to create a spreadsheet than to analyze the meaning of the numbers in it. It is easier to format a text than to write a thesis statement. It is easier to prepare a pallet, than to compose a painting. This is so because physical effort is easier than mental effort. It is easier for a person to hold up a weight in his hands than to hold the rival elements of a paradox in his head. This is one reason why simple Christians cannot follow the arguments of St. Paul. The effort to hold his main theme clearly in mind, while considering point after supporting point (all with digressions) is too much. People are not interested in a religion that requires contemplation. They prefer a religion of action, one that provides a list of things to do and things to avoid, a list of virtues and vices, a list of obligations and taboos, of punishments and rewards rather than a invitation to illumination. </font><em><u><br />
</u></em></font><font face="Times New Roman" size="3">The religion of sycophancy is an exercise in denial of personal judgment. Where schoolmarms believe in power to the pure and success-mongers in power to the prepared, sycophants believe in power to the privileged to which the sycophant may transfer as to an idol the illusion of perfection, in whose presence the sycophant feels privileged by association, a leader-idol whom the sycophant can follow blindly to the promised land of the blind. It is a cliché to blame religious excesses from intolerance to terrorism on tyrants. Tyrants draw power from complicit followers deluded into playing sheep to a hierarchy of wolves. Christians have been particularly susceptible to this seduction, forgetting that Jesus said “come follow me,” not “go follow him”; “take up your cross,” not “ring for the bellboy.” Jesus does not lead followers to some power pinnacle, but to Gethsemane and Golgotha—to a renunciation of illusions, to a humbler view of destiny.</font></p>
<p><font face="Times New Roman" size="3">Philosophy has often been criticized as godless—as topless theology. But all three of these varieties of irreligious experience are equally godless. Each is capable, unless vigorously opposed, of corrupting the soul of America and of every free nation, kindred, tongue, and people. Let me conclude by drawing your attention to what these three irreligions have in common: the obsession with perfection—moral perfection, physical and financial perfection, and perfect leadership. Perfection is the enemy of goodness; it is an impossible illusion that distracts from sound and achievable objectives. The utopian dream invariably turns into a nightmare: Hitler’s Germany, Stalin’s Russia, Pol Pot’s Cambodia, Mao’s China. What drives the obsession with perfection is the fear of degeneration and death. The fixation on moral superiority, beauty and wealth, and infallible leadership represents a retreat from reality, a denial of mortality as the defining attribute of humanity from which we cannot escape.</font></p>
<p><font face="Times New Roman" size="3">What is the remedy for this virulent epidemic of faith-based neuroses, these compulsions of the soul? I can offer no solution—at least no practical one. I can only suggest a series of eccentric propositions. In listing these for you I must break a cardinal rule of public speaking by introducing new and undeveloped subject matter at the end of a presentation. Perhaps I will be able to develop these ideas at some future time, perhaps not. The first proposition is that reality is not accessible directly; we cannot ever know ourselves or the cosmos well-enough; they are too complicated; we can only entertain changing perceptions of reality, projections of our interiorities upon the exterior world, products of our imagination; we wear these illusions like clothes; the best we can do is to change our perceptions in response to what we learn by experience and contemplation, abandoning what is outmoded, inadequate and harmful to achieve some small comprehension of a reality so complex it will for awhile seem to fit into any theory we can stitch up for it. Proposition two: we must accept that we are both biological and theological creatures; we need meaning and purpose; most of us need to feel that the universe is not one bleak expanse of molecules, that consciousness is not an ephemeral by-product of protein, and that our lives are not predestined to be poor, nasty, cruel, brutish, and short; consequently, we must adopt perceptions of reality that serve not only our exteriorities but our interiorities, not only our bodies but our souls. Third, we must forsake certainty and perfection as illusions too dangerous to entertain because they so easily foster cruelty, violence, and exploitation; we must accept that we are simple creatures of egocentricity and opacity of mind; we must assume that those of us who believe we are righteous are sinners and those of us who believe we are sinners are probably wrong about how. Fourth, we must accept no blessing or benefit we are unwilling to confer on others, nor impose a burden we are unwilling to bear. Fifth, we must embrace our mortality, not by acts of terror, murder, or suicide, but by a willingness to lay down our lives and all that our lives have meant for the good of others as lightly as we would lay down a table napkin after a meal. Finally, though we live in the shadow of death, we must not cease to change, to abandon and to provoke others to abandon harmful illusions for less harmful ones, a process that may be aided by of kind of American Dadaism, something akin to the French resistance. I’m thinking of an audacious group of self-acknowledged sinners, bound by a commitment to liberty and tolerance, undeterred by criticism, and willing to mount a sustained, uncompromising offensive against all three varieties of irreligious experience that threaten our freedom to change and mature, an activism more against nonsense than for common sense; not so much proactive as reactive; not out to win but to subvert; not seeking to construct but to deconstruct, to frustrate more than convince, to irritate more than invade, to expose more than inform—and willing to be mistreated accordingly. These propositions challenge us to accept without fear, rancor, or despair our fated imperfections and mortality, and while remaining uncertain to live today though we die tomorrow, to die tomorrow as if we will live again.</font></p>
<p><font face="Times New Roman" size="3">It takes only a small compass to guide a great ship. These propositions could serve as just such a compass to correct America’s perfection obsessions propelling its starboard drift, to maintain its constitutionally charted course, to prevent its shipwreck on the shoals of a fixed ideology, and to assure its survival in the free and sundering seas of uncertain and unsettled possibilities.</font><!--0292c5eddb24d02e4c351a24835e5c39--><!--432b473fce4dd9ee0f87535261e7597a--><!--d85b3d9ca95a53f92f24efb6d81bc94a-->
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		<title>POVERTY IN UTAH</title>
		<link>http://www.paultoscano.com/?p=14</link>
		<comments>http://www.paultoscano.com/?p=14#comments</comments>
		<pubDate>Mon, 14 Aug 2006 02:11:33 +0000</pubDate>
		<dc:creator>Paul Toscano</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.paultoscano.com/?p=14</guid>
		<description><![CDATA[The local economy is improving.  There’s a surplus in the State coffers.  But poverty remains one of Utah’s most intractable social problems. 
The number of Utah’s poor depends on the poverty measurement applied to an average Utah household (surprisingly, 3.12 persons).  The federal poverty level standard (“FPL”)– which has not be changed since 1964—counts as [...]]]></description>
			<content:encoded><![CDATA[<p><font face="Times New Roman" size="3">The local economy is improving.  There’s a surplus in the State coffers.  But poverty remains one of Utah’s most intractable social problems. </font></p>
<p><font face="Times New Roman" size="3">The number of Utah’s poor depends on the poverty measurement applied to an average Utah household (surprisingly, 3.12 persons).  The federal poverty level standard (“FPL”)– which has not be changed since 1964—counts as poor an average Utah household with an annual gross income of $15,670 ($437 per person per month).  But economists don’t use this standard because it doesn’t come close to covering basic necessities. The usual measure of poverty is 200% of the FPL. By this measurement, 10.6% of Utah’s population, or 203,000 Utahans, lived in poverty in 2004 &#8212; up from 9.4% in 2003.  These 203,000 people lived on less than a person with an average income in Poland, Hungary, the Czech Republic, Mexico, St. Kitts and the Nevis, Trinidad and Tobago, Seychelles, Palau, or Oman and on less than one-half of the average income of an individual living in Saudi Arabia, Antigua, Barbados, Malta, Slovenia, Portugal, Bahrain, Korea, or Greece.</font></p>
<p><font face="Times New Roman" size="3">The best measure of poverty is the Self-Sufficiency standard because it uses the actual income needed to purchase a household’s shelter, food, transportation, and clothing.  By this standard, in 2005 an average Utah household was poor if its combined annual gross income was $40,443 or less (that’s $1,123 per person per month), a measurement that doesn’t cover education or health care.</font></p>
<p><em><font size="3"><font face="Times New Roman"><u>By this standard, 42% of the Utah’s population—that is, 916,959 individuals&#8211;live in functional poverty.</u> </font></font></em></p>
<p><font face="Times New Roman" size="3">Despite this, Utah’s congressional delegation voted in favor of the new bankruptcy amendments that became effective October 17, 2005, and make access to bankruptcy more difficult.  Once at an all time high in Utah, bankruptcy filings are now at an all time low. This is not because poverty has decreased, but because access to the only effective form of debt relief has been restricted. </font></p>
<p><font size="3"><font face="Times New Roman">A Chapter 7 is now presumptively abusive if filed by a person whose income exceeds the median income in Utah for a household of the debtor’s size.  Debtors who cannot qualify for Chapter 7, must file a 3 to 5 year Chapter 13 repayment plan regardless of the nature of or reasons for the debt (usually loss of or fixed income, catastrophic illness, or death of a breadwinner).  If ineligible for Chapter 7 and Chapter 13, debtors may be forced to file expensive individual Chapter 11 cases or remain at the mercy of merciless collectors and creditors able to charge any rate of interest they choose.  Chapter 13 debtors who encounter emergencies and must file a second Chapter 13 case within a year to cure mortgage arrearages to save a home will no longer received the full protections of the automatic stay that traditionally stopped collections.  In such cases, homes, cars and scant incomes will be exposed to potential foreclosures, repossessions, and garnishments.  </font></font></p>
<p><font size="3"><font face="Times New Roman">The new bankruptcy amendments denominate the poorest debtors “assisted persons” and any one assisting them “debt relief agencies,” which must bear extra disclosure and reporting burdens.  The law’s balance between creditor and debtor interests has been tipped in favor of creditors, and its purpose changed to thwart the poor seeking a fresh start.  </font></font></p>
<p><font face="Times New Roman" size="3">More disquieting has been the absence of outrage about the treatment of the poor in both nation and State. Where are the religious and secular action groups when it comes to the poor?  Certainly, we would hear from them if 42% of the state were growing marijuana? Why don’t our moral leaders see poverty as a threat to family values greater and more immediate than abortion, drug abuse, or same sex marriage?  Is it not irresponsible to discourage the poor from limiting their families while deploring social assistance programs? </font></p>
<p><font size="3"><font face="Times New Roman">And what of the secular concept of fundamental fairness?  The promise implicit in the foundational documents of this country that power should be enumerated, limited, divided, and balanced, and that the playing fields of power and money should by law be rendered as level as possible?  What of the notion that governmental power be applied to protect life, liberty and property and not be subverted to oppress, deceive, disenfranchise, or plunder?  </font></font></p>
<p><font size="3"><font face="Times New Roman">Individual benevolence toward the have-nots (and there is much generosity of this kind in Utah) can be subverted by institutional favoritism toward the haves.  We can strain at gnats by doing good service to the few while swallowing camels by supporting policies that do harm to the many.  We can allow ourselves to be offended more by sins of lust in plain sight than by sins of greed hidden from view.  It is possible for the rich to ignore the poor, to notice them not.   And sometimes, when the have-nots become impossible to ignore (as they do when they file petitions in bankruptcy), it is possible for poverty to be dismissed as the fruit of irresponsibility, inefficiency, self-indulgence, laziness, stupidity, or sin.  This, however, is prejudice, not unlike racism, misogyny, homophobia, or religious intolerance. </font></font></p>
<p><font size="3"><font face="Times New Roman">Prejudice is the mother of oppression.  Coercion is its father.  These are not phenomena of history or mere artifacts of the past, but current events menacing the present.  They are in our midst.  A society that entertains prejudice enables oppression.  A state that ignores its poor is an army that abandons its wounded.  This is true for America, whose pilgrim founders idealized it for the world as the City on a Hill.  It is true for Utah, whose Mormon founders envisioned it as the American Zion.  But with 42% of its citizens in functional poverty, clear Utah is not Zion for everyone.</font></font></p>
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		<title>DEBATE AND SWITCH: Evolution vs. Intelligent Design</title>
		<link>http://www.paultoscano.com/?p=13</link>
		<comments>http://www.paultoscano.com/?p=13#comments</comments>
		<pubDate>Mon, 14 Aug 2006 02:09:05 +0000</pubDate>
		<dc:creator>Paul Toscano</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.paultoscano.com/?p=13</guid>
		<description><![CDATA[The controversy between evolutionists and the advocates of intelligent-design is frustrating.  The debate inspires thoughtless rejection and acceptance of both religion and science with little consideration for larger issues. The debate often obscures the fact that religion asks why, while science asks how.  For the most part, evolution explains how humans were created. Religion, and [...]]]></description>
			<content:encoded><![CDATA[<p><font face="Times New Roman" size="3">The controversy between evolutionists and the advocates of intelligent-design is frustrating.  The debate inspires thoughtless rejection and acceptance of both religion and science with little consideration for larger issues. </font><font face="Times New Roman" size="3">The debate often obscures the fact that religion asks why, while science asks how.  For the most part, evolution explains how humans were created. Religion, and presumably intelligent design, seek to explain why.  These are related, but different questions.</font><font face="Times New Roman" size="3">Science relies on external data that are observable, demonstrable, and verifiable according to very strict rules of proof.  Religion relies mostly on internal data that are usually anecdotal, sometimes observable, but rarely verifiable or measurable according to the strict requirements of science.  These are incompatible approaches to different questions.</p>
<p>Religion and science both involve interpretations of data. Interpretation is inevitable for both because individual facts are silly things unless they drawn into an overall theory or hypothesis.  However, the theories of religion and the hypotheses of science are markedly different, stemming as they do from different questions and relying on different kinds of information.</p>
<p>Because science is much more restrictive about the data it will admit into evidence to support an hypothesis, science disqualifies itself from a large range of human debates philosophical, historical, ethical, theological,  and psychological.  For example, science shows us technically how a fetus should be aborted, but not morally whether a fetus should be aborted.</p>
<p>The debate between evolution and intelligent design (creationism?) appears to be less about biology and natural selection and more about power, ethics, and control.  If evolutionists are correct that humans were created by natural processes that can be explained without the God of scripture, then humans may rightly assume they are the highest intelligence in the known universe and are alone responsible for creating categories of right and wrong.  If, on the other hand, creationists are correct that human development cannot be explained without the God of scripture, then humans are probably wrong to assume they can create categories of right and wrong outside the mandates of scripture.</p>
<p>Proponents of intelligent design fear most the notion that American children are exposed to a Godless universe, where ethics are fluid and may be established without regard to scriptural mandates; such ethics may ultimately be reduced to “might makes right.”  Religionists want God and scripture to serve as the foundation of human development and culture and as the cornerstone of ethics and moral judgment.</p>
<p>Proponents of evolution, however, believe that God shows up rarely if at all and may, indeed, not exist.  They feel that God’s authority turns out to be nothing more than the authority of powerful religious people, while males mostly, who tend to enrich themselves here and now by promoting ideas of the hereafter based not on modern evidence but on outmoded notions of semi-literate, self-interested, tribal people who lived millennia ago.</p>
<p>Where creationists look back to a golden age of revelation, evolutionists look forward to a golden age of progress.</p>
<p>Because of the differences in purpose, approach, and perspective of each side of this debate, it is difficult for either to see much value in the other.  Each sees little to respect in its opponent.  Over time the gap between these factions has widened, and their debate has become more and more bitter—like the bickering between a divorcing couple, between rivals fuming over the same territory, between beneficiaries with contesting claims to the same, scant legacy.</p>
<p>The solution, of course, is for religious people not to demonize the non-religious and for the non-religious not to denigrate the religious.  Religious people need to think about problems and work out solutions as if there were no God.  And secular people must do the same as if there were.  Religious people should accept the secular assumptions of their opponents; and secular people, the religious assumptions of their opponents—at least temporarily to achieve compromise on social issues.</p>
<p>Idealistic?  Yes, but also practical.  This kind of role reversal lies at the heart of compromise—always painful and mostly seen by each side as a triumph for the opposition.  Yet compromise is essential to an open society.</p>
<p>Creationists believe ethical mandates flow from the divine.  Evolutionists believe that ultimate good flows from human intelligence.  Both ideas are frightening depending on whether we trust in what’s provable or in what lies beyond proof.</p>
<p>The debate between science and religion, focused on the more specific issue of evolution or creation, is more than it seems.  It is an argument bigger on the inside than on the outside.  It is a vital debate about the foundations of knowledge and ethics, rights and responsibilities, power and resources, culture and image.  The debate is healthy and probably unavoidable.  What can be avoided, perhaps, is narrow-mindedness, disrespect, arrogance, and self-righteousnes &#8212; which too often are viewed as virtues rather than as the vices of debate &#8212; as switches employed to flog opponents in order to avoid the effort and study necessary to engage them, used in an ill-advised attempt to shame rather than to persuade the opposition.</p>
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