Showing posts with label Bible. Show all posts
Showing posts with label Bible. Show all posts

Monday, November 4, 2024

'Repay evil with blessing,' Apostle Peter writes

North Scituate Baptist Church, R.I.
Swampyank at English Wikipedia
via Wikimedia Commons CC BY-SA 3.0
With Election Day tomorrow, this might be an opportune moment for a message of peace and non-retribution.

Last week I had the privilege of sharing the word of 1 Peter 3:8-9 at the nearby Rhode Island church of a dear friend and pastor while he was away from the pulpit. (Oct. 27, below.)

Finally, all of you, be like-minded, be sympathetic, love one another, be compassionate and humble. Do not repay evil with evil or insult with insult. On the contrary, repay evil with blessing, because to this you were called so that you may inherit a blessing.

The pastor had preached the preceding week on the flaws of human criminal justice. So I started by shifting the focus to civil justice and the fundamental question, as framed by my late friend and mentor Professor Marshall S. Shapo, A injures B and could have avoided it; what should society do? 

Professor Shapo was well schooled in the Old Testament and knew the teaching of Exodus, an eye for an eye. The New Testament put another spin on the problem and confronts the contemporary Christian litigator with a vexing challenge. 1 Peter 3:8, et seq., is only a piece of the solution, and I don't purport to have it all worked out. Nevertheless, and at risk of some hypocrisy, I found a starting point in the verses.

I thank the pastoral and worship teams and congregation of North Scituate Baptist Church, Rhode Island, for their kindness, hospitality, and indulgence of my ramblings, which I hope were motivated by the Spirit. (Full service.)

A reminder that The Savory Tort is a personal blog. What I write here is not representative of my employer nor communicated in my public capacity, even if some content also serves the professional interests of my teaching, research, and public service.

Tuesday, August 27, 2024

Religious talk touches on Jewish law, legal writing

Pictured Rocks National Lakeshore
RJ Peltz-Steele CC BY-NC-SA 4.0
On Sunday, I had the privilege of delivering the message at my home church, in Barrington, R.I., regarding Psalm 121.

Anyone is welcome to watch the service. (The message starts at about 14:30.) The photo I referenced, from Pictured Rocks National Lakeshore, appears here, at left.

There is a bit to do with law. I talked about the Hebrew word shomer, which along with the related verb yishmar is used in some form six times in Psalm 121 to describe God as a watchman or guardian. The term has particular application in Jewish law, referring to the person who watches over the body of the deceased until burial, and to the person who is responsible for ensuring kosher standards in a kitchen.

Pictured Rocks is so named for images perceived
in the minerals and sediment.
RJ Peltz-Steele CC BY-NC-SA 4.0
I talked also about the merism, the literary device by which a writer cites two extremes to incorporate everything in between as well, or to two contrasting parts to refer to the whole. The merism is employed repeatedly in Psalm 121, for example in referring to the same "heaven and earth" described in Genesis 1:1.

Legal doublets, usually of historical origin, can be merisms. In the sermon, I used the examples of "cease and desist" and "aiding and abetting." But on further reflection, I don't think they're great examples, because the words are not so clearly contrasting. A better example would be "last will and testament," because the term once referred to two discrete documents, disposing of real and personal property, respectively. The merism thus signals that the instant document represents the whole of the testator's intentions.

Legal writers often are admonished to trim duplicative doublets, especially when the words are mere synonyms, lest they be misconstrued as narrowing specifics. But the imperative of clear and succinct writing sometimes should give way to the value in a term of art, which incorporates an established meaning, and in a true merism, which conveys the meaning of expansive entirety.

UPDATE, Oct. 26, 2024: Message now available on YouTube.

Monday, March 18, 2024

Mass. attorney board rushes to racialize, shun 'overseer,' ignores word's ancient, biblical usages

A proposal published for public comment would change the name of the Massachusetts Board of Bar Overseers to the "Board of Bar Oversight" to avoid connotations of slavery in the term "overseer."

The new name means the "BBO" will keep its popular initialism. The BBO was formed in 1974, so the "overseer" usage originated independently of the negative connotation. It seems what's changed in the last half century is sensitivity to language, for better and for worse.

Frederick Douglass
and grandson Joseph Douglass, 1894

Smithsonian NMAAHC
The BBO stated its reasoning:

The word "overseer" has a pernicious history in our country, tied inextricably to chattel slavery. On southern plantations, an overseer was the slaveowner's delegate in day-to-day governance, trusted to enforce order and obedience. Overseers were the most visible representatives of white supremacy. As defined in the Online Etymology Dictionary, an overseer was "one who has charge, under the owner or manager, of the work done on a plantation." In autobiographies by slaves such as Frederick Douglas [sic] and Solomon Northup ("Twelve Years a Slave"), overseers were described as heartless, brutal and cruel. They were an inevitable and indispensable product of an economy built on human chattel. As noted by University of Louisville president Neeli Bendapudi, "The term overseer is a racialized term. It hearkens back to American slavery and reminds us of the brutality of the conditions and treatment of black people during this time." We agree with this statement.

I don't. To "racialize" is "to give a racial character to: to categorize, marginalize, or regard according to race." I agree that Bendapudi racialized the term. The BBO did not, before now. But therein lies the power of a passive structure, "is ... racialized," allowing one to accuse without responsibility to prove.

The BBO moreover is almost irresponsibly selective in its sourcing. First, the Online Etymology Dictionary is a project of a Pennsylvania writer, Douglas Harper. It's good and interesting to read; I'm not meaning to denigrate Harper's labor of love. But I'm not sure any one person's internet project should be anyone else's first stop for denotation, especially in a legal context. The BBO's sourcing is on par at best with high-school-term-paper standards.

Second, "one who has charge ... of the work done on a plantation" is not exactly what the Online Etymology Dictionary says. Rather, here's the entry in full:

late 14c., "supervisor, superintendent, one who looks over," agent noun from oversee (v.). Specifically, "one who superintends workmen;" especially with reference to slavery, "one who has charge, under the owner or manager, of the work done on a plantation."

So it's not true, even in the source referenced, that "overseer" on its face is defined as, or means, a plantation supervisor. The meaning arises in the especial context of slavery.

Maybe I'm a little sensitive to the whole thing because I once served as an "overseer" in my church. The BBO doesn't mention that the word has any meaning outside of slavery, much less that it has ancient and Biblical origins.

Episkopos (ἐπίσκοπος) in Ancient Greek translates literally as onlooker, or overseer, and that's the word used in the Iliad, the Odyssey, and the Bible. Epi (ἐπί) is a preposition meaning on or upon, and skopos (σκοπός) means to watch or look intently. Skopos is used variously (and in the Iliad) to refer to a lookout, a guardian, or a spy or scout.

In Ancient Greece, an episkopos referred specifically to a kind of imperial agent sent by Athens to distant municipalities to make sure they paid their taxes (Balcer 1977). (An interesting point of historical-comparative legal studies is that having a highly functional tax system is a common feature of successful ancient civilizations, from the Greeks to the Aztecs.) 

In the Iliad (22:255), A.T. Murray translation, Homer refers to the gods as witness to an agreement, using episkopoi (ἐπίσκοποι), the plural, to refer back to the gods. Murray beefed up the translation to say "witnesses and guardians of our covenant," thus articulating the added connotation of safeguarding.

In the Odyssey, also the Murray translation, below, Homer used episkopos more abstractly to indicate a role of authority:

τὸν δ᾽ αὖτ᾽ Εὐρύαλος ἀπαμείβετο νείκεσέ τ᾽ ἄντην:
‘οὐ γάρ σ᾽ οὐδέ, ξεῖνε, δαήμονι φωτὶ ἐίσκω
160ἄθλων, οἷά τε πολλὰ μετ᾽ ἀνθρώποισι πέλονται,
ἀλλὰ τῷ, ὅς θ᾽ ἅμα νηὶ πολυκλήιδι θαμίζων,
ἀρχὸς ναυτάων οἵ τε πρηκτῆρες ἔασιν,
φόρτου τε μνήμων καὶ ἐπίσκοπος ᾖσιν ὁδαίων
κερδέων θ᾽ ἁρπαλέων: οὐδ᾽ ἀθλητῆρι ἔοικας. 

Then again Euryalus made answer and taunted him to his face: "Nay verily, stranger, for I do not liken thee to a man that is skilled in contests, such as abound among men, but to one who, faring to and fro with his benched ship, is a captain of sailors who are merchantmen, one who is mindful of his freight, and has charge of a home-borne cargo, and the gains of his greed. Thou dost not look like an athlete."

In none of several English versions of this passage did I find episkopos translated directly. Poetically inclined translators such as Murray carried over the subject "captain" with either a pronoun or an implied subject. "Captain" here is "ἀρχὸς," or "chief." So it looks like Homer saw ἀρχὸς and ἐπίσκοπος as functionally equivalent in this context.

The New Testament accordingly uses episkopos several times to refer to church leaders. Indeed, "bishop" in English derives from the Greek episkopos—episcopus in Latin and obispo in Spanish.

Shepherd in 1 Peter 2:25
© Saint Mary's Press, licensed for non-commercial use
The First Epistle of Peter (2:25) (NIV) uses episkopos abstractly, as a metaphor for Jesus: "For 'you were like sheep going astray,' but now you have returned to the Shepherd and Overseer of your souls" ("ἦτε γὰρ ὡς πρόβατα πλανώμενα· ἀλλ᾽ ἐπεστράφητε νῦν ἐπὶ τὸν ποιμένα καὶ ἐπίσκοπον τῶν ψυχῶν ὑμῶν").  

Other usages are more concrete. In Acts 20:28 (NIV), Paul admonishes disciples: "Keep watch over yourselves and all the flock of which the Holy Spirit has made you overseers. Be shepherds of the church of God, which he bought with his own blood" ("προσέχετε οὖν ἑαυτοῖς καὶ παντὶ τῷ ποιμνίῳ ἐν ὑμᾶς τὸ πνεῦμα τὸ ἅγιον ἔθετο ἐπισκόπους ποιμαίνειν τὴν ἐκκλησίαν τοῦ θεοῦ ἣν περιεποιήσατο διὰ τοῦ ἰδίου αἵματος"). Similar usages appear in Philippians 1:1, 1 Timothy 3:2, 1 Titus 1:7, and Hebrews 13:17.

The BBO needs to be called out here for shoddy work (really, misspelling Frederick Douglass?) and results-oriented reasoning. The board is myopically intent on sacrificing a word on the pyre of cancel culture—a move indicative more of wanting to look righteous than of wanting to be righteous. I might rather, as a general rule, strive for education and enlightenment, at least as a first-order response.

Yet, as it happens, I agree with the BBO's conclusion and proposal. Despite the board's woke pandering, the risk is significant that "overseer" will import for some hearers a connotation that should be foreign to the board's role. For me, it's not about "racialization"; it's about relationship. 

When I moved to New England and started to learn the ropes of the local legal culture, I bristled at the term "Bar Overseers." To be fair to Massachusetts, I have had the same feeling in other jurisdictions about boards of attorney and judicial "discipline." 

"Overseer" and boy in Yazoo City, Miss., yarn mill, 1911.
U.S. Library of Congress

I fear that these words connote a top-down style of austere supervision, a system of the powerful and the powerless, that does not comport with a profession of mutually supportive equals (dare I say, a brethren, which is and should be gender encompassing). "Overseer" is suggestive of a dramatic power imbalance; the word was used not only in connection with slavery and plantations, but in the context of child labor in the early 20th century.

That doesn't mean that the time never comes when persistent or willful misconduct requires a firm response; the profession owes its highest duty to the public. But using terms such as "overseer" and "discipline" has the unintended consequence of encouraging officeholders to misunderstand their roles. Lawyering and judging are among jobs that endow persons with authority over others, whether through power, like policing, or through access to knowledge. Some people attracted to these jobs are prone to use, or abuse, their power for its own sake. Those same people might gravitate to a job such as "overseer" or arbiter of "discipline" for the wrong reasons.

I was more amenable to the term "overseer" in my church, because the biblical usage is, or should be, utterly alien to abuse of power. Similarly, a church speaks of spiritual "discipline" with only the affirmative connotation of accountability to God. As a church overseer, I felt the weight of guardianship in the term. Being an overseer was a stern reminder of my responsibilities to others and sometimes, too often, of my own duties and failures of spiritual discipline. Anyone truly called to church leadership is humbled by the call, not lured by empowerment.

Even so, when my board of overseers overhauled the church constitution, we changed to "elder" leadership. At the same time, we changed the governance model. We studied and prayed over many church governance models. The Bible says remarkably little about specifics, so the art of church governance becomes part spiritual endeavor and part sociological experiment. We designed a variation on governance that we believed would work well for our congregation, better, at least, than what we had in an aging constitution. 

"Elder" aligned better with our new model, which emphasizes biblical knowledge, experience, and mentorship. There's nothing technically deficient in the term "overseer" for our new model, and we were not afraid of "racialization." It was just semantics. Different Christian writers have committed to different terms, so those terms now carry connotations of the writers' observations and recommendations.

So connotation, like context, matters. And given the connotation of barbarism that even sometimes attaches to "overseer," especially in secular contexts, the BBO's modest proposal is sensible.

I simply would prefer that the proposal were backed by an evenhanded and honest analysis. Then we might be able to say, more modestly, that we are just pushing pause on "overseer": giving its deplorable connotation time to fade in our social consciousness, rather than committing a word of ancient import to the dustbin because of a modern-era abomination.

Sunday, September 10, 2023

Ethics problems in law, education inform message on Christian ethics in biblical story of widow's offering

Last Sunday, it was my privilege to deliver a message on "Christian ethics," arising from Mark 12:41-44, at my local church in Barrington, R.I.

The service is posted on the church website. The message begins at about 31 minutes and runs about 24 minutes in duration.

I used two problems in conventional ethics as jumping off points: one, from legal ethics, a lawyer's unintentional acquisition of privileged records produced mistakenly in discovery; and two, from higher education, a student's unintended acquisition of an unfair academic advantage.

I used the term "doing ethics," which I borrow from, though it is not unique to, the work of Bob Steele (no relation), Jay Black, and Ralph Barney, with a powerful assist by Lou Hodges, in journalism ethics in the 1990s. I was privileged to have a front-row seat when they worked out the revised code of ethics for the Society of Professional Journalists at that time, especially the game-changing "Minimize Harm" principle.

In crafting the church message, I am indebted especially to mentors Eric D'Agostino and Scotty Neasbitt, who helped me navigate the research; and to my church leadership, including Dan Harrington, who writes thought provokingly for the ProJo; and, always, to my wife, an unflinching editor.

I note that, as always, this blog is personal and not affiliated with nor controlled by my employer. Sometimes content on this blog serves both to inform the public and to educate my students about the law. This posting, however, concerns religious belief and is exclusively personal in nature. No public resources nor on-the-job time was used in the work of the above-described message, nor in the production of this blog post. At the same time, of course, readers of any and every religious tradition and belief system are welcome on this page and at The Savory Tort, just as all students are welcome and encouraged in my classroom.

Sunday, August 18, 2019

Advice for New Law Students, 2019 Edition

New law students, allow me to refer you to and to recommend my 3Ps for 1Ls (2018).

This morning my pastor preached on Proverbs 15:31-33.  It occurs to me that the teaching, which deals with spiritual maturation, is especially appropriate and extrapolatable to the start of the school year, for us all, teachers and students, of any level, and, to be sure, of any faith.  Here's the NIV:

31 Whoever heeds life-giving correction
    will be at home among the wise.
32 Those who disregard discipline despise themselves,
    but the one who heeds correction gains understanding.
33 Wisdom’s instruction is to fear the Lord,
    and humility comes before honor.

Pastor Kim pointed out that there's a difference between a "wise guy" and a wise person, and the latter takes work.  (Aug. 18.)  Verse 32 is especially intriguing: "[O]ne who heeds correction gains understanding."  

The words for "discipline" and "correction" in verse 32 vary with translations.  But I think it's fair to say (not being a scholar of these things) that the Hebrew words put a little more rebuke and reproof into the former and a little more instruction and rectification into the latter.

As is often the case with Proverbs, this is good advice that goes beyond faith and has application in commonsense life.  In our academic pursuits, we should always be open to correction.  Pastor Kim laid out correction, even rebuke, as sine qua non of learning and growing.

Pastor Kim also pointed to the word "humility" in verse 33.  The antithesis of pride, humility renders us susceptible of correction, and therefore ready to grow in knowledge, intellect, and wisdom.

Happy new academic year!  Be humble and get wise.