In harm's way

Ug. I was reading about the controversy over "King & King" in New York and just read about the Harper v. Poway School District case. I don't know why or where people find the time to discriminate against gay people. Is it really so necessary? And what's the point, its unlikely that they are going to change any minds. Are they so desperate for a beating? The "King & King" book involves some prince who avoids other princesses until he finds another prince to kiss at the end of the book and they live happily ever after. I guess some parents were upset about the "sexual content." If so, we should get rid of any book where anyone kisses or lives happily ever after. I guess we would still have Batman.

What's that I was reading earlier today about Lot? Oh yeah, his two daughters seduced him. (That happens). There's another book for the bonfire, I guess.

And the Harper case was about some schmuck who decided to wear an anti-gay T-shirt to a day of tolerance (for LBGT) at his school. I'll defend his right to wear the shirt. On the other hand, I don't think I'd go too hard on someone who ripped it right off him, mitigating circumstances and all.

The Findlaw article linked it to that nutter who is disrupting the funerals of soldiers arguing that their deaths are punishment for the US accepting homosexuality. Seriously, protesting at soldier's funerals? Aren't those often populated by other soldiers and ex-military? Not too bright.

I remember talking in law school about battered women who kill their abusive spouses and the ticking time bomb defense. It works sometimes but not always. And you have to basically argue that the woman was crazy, insane, in the heat of passion. I was so angry. I just kept thinking, why not tell the jury, yeah she knew what she was doing. She knew exactly what she was doing, that guy deserved what he got. Frankly, she has had long talks with a psychologist and me, and she would take 20 or 40 years in jail over having that guy stay alive any day. We've told you why. Better to be free in jail than keep taking a beating from a guy that tracked her down anywhere, anytime. If you want to put her in jail, go for it. Maybe it will make you feel better, maybe it's the right thing to do. But if you think you are punishing her by doing so, you couldn't be further from the truth.

Dismantling the South

I love how the recommendation to dismantle FEMA is out there now. Actually, FEMA worked when James Lee Witt was in charge, during the Clinton administration. It is the current administration that allowed it to die on the vine. And I wholeheartedly agree, this FEMA should be dismantled, but with a few caveats. I know the president also wants to curtail the EPA, Health and Human Services, and some parts of the Department of Education. If we make these cuts, might I also suggest eliminating the executive branch.

And everyone white in New Orleans took a group dump on Mayor Ray Nagin. Now sure, the man made some huge mistakes during Katrina and perhaps it is time for the city to move on. But the real reason everyone is pissed off at him is because he said he wants a "chocolate city." Oh the outrage! I remember how upset everyone was and all the web poles that race should not be a factor in rebuilding New Orleans. Well welcome to America, where race is a factor in everything. Doesn't anyone wonder, if New Orleans rebuilds as a 100% white city does that create any moral dilemma? At some point doesn't laissez-faire economics demonstrate racism? Every national survey shows that blacks and Hispanics make less than whites, that women earn less than men. At what point does everyone wake up and say, is it more than two standard deviations? Well something must be screwing up the system? Or are we all just content to believe in the survival of the fittest as we keep our heel on the throat of those who look different than us, or don't help to remove our neighbors heel from that throat? Or worse yet, rationalize that those who aren't succeeding aren't the fittest.

I love New Orleans. Even though I generally don't drink and have only been there one time. I got my rear grabbed by two girls on Bourbon Street. I didn't get a real good look at them but I think they were attractive. My wife clapped as they continued through the crowed and told me they had good taste. The reason I loved the French Quarter though was because it was different. French, Spanish, Creole, Cajun, African. I have the distinct impression that others love it just for the booze and broads. What a waste. New Orleans was appealing in part because it was black. If that ends, the city becomes a Disneyland version of itself.

When my wife and I were there we went on plantation tours, I remember other people laughing about the stories that slaves had to whistle when they brought food from the kitchen to the main house, so that their masters knew they weren't eating food. And at the story of the slave boy who would pull on a cord attached to a fan hanging over the dining table during the white-table-cloth two-hour-feasts. And of course all the slave houses on the plantation had been torn down. After all they weren't built very well and weren't much to look at.

They should tell you about the slaves who were beaten to death when they didn't whistle. And frankly, they should rebuild the slave houses. That's what the plantation tours should be. You should tour the slave houses exclusively. If you want to go on the tour for free, they should let you pick cotton for an hour. You should be able to take pictures of the main house, but not go in.

Standard Oil

Now the president eases back the environmental controls on oil. Got to get those prices down. Might as well streamline the refining process, eliminating additives. Smog be damned. Hell, let's bring back leaded gasoline. Oh for those days of leaded or unleaded pumps. I miss looking down at the odometer and seeing "UNLEADED FUEL ONLY" just below the turning dials. At least he made a little bit of sense when he called for taking back some of the tax incentives granted to oil companies. What a pinch for congress, I can't wait to see how they handle it.

And the president's call for a move to different types of energy makes Jimmy Carter look downright prescient. Back then we all laughed because a helicopter crashed and we ran him out on a rail remembering the lines at the pumps. I guess the sun is setting on the America that Reagan talked about. But the ground is still lit with the fires of the oil wells burning in the distance.

Yeah, Earth Day came and went. Didn't Clinton celebrate that? I guess if mother earth was a woman, Bush would just try and get her drunk and take advantage of her.

Back to oil. I think the conversation I had the other day with the man waiting for the bus illustrates the point well. Dislike of the war, but resignation and perhaps the price of gas will be low. Well now we don't even have cheap gas. Something is wrong here. Every good person knows that at least the gas was supposed to be cheap. And where is that anger going to be directed? Not at a Democratic president, not at a Democratic House or Senate. One step forward, two steps back (just don't let those steps back allow you to have any perspective). I thought every dead American would give me at least a half a cent or so off at the pump, right?

Finally, a young boy who knows about saving the environment says the answer is Jesus. What was the question again? To be clear, he was in kindergarten so I wouldn't exactly be too hard on him. And I think someone could probably write a wonderful essay on how one of the answers to helping the environment is religion or even Jesus. (I applaud the recent efforts by some religious organizations to begin to move in a Green direction). But his parents decided to sue. No doubt the school's move to take down his poster about Jesus and saving the environment wasn't exactly viewpoint neutral, it was censored for its promotion of a specific religious viewpoint. Which to me raises some interesting questions. How about instead of long elaborate proofs in Algebra and Geometry, I simply wrote, "the answer is Jesus." Then I could sue the school for viewpoint discrimination after I got bad marks. After all my answer was right, from a certain point of view.

Man on the Bus

Met a man waiting for the bus last night. A working class black man. He struck up a conversation about the price of gas. When he said he thought it was probably going to hit $3 I told him I thought it would end up being above $4. I know, it was a strange conversations with a stranger. He thought the war was supposed to get us cheaper gas he said. I mentioned that lately it meant the price would be going up and that now the areas producing oil disliked us more than ever. He wondered why so many young Americans had died then. Well I agree that the war had something to do with oil. After all we don't go forcibly removing every dictator who abuses his subjects or invades a country nextdoor. I explained to him that in order to reduce the price of oil, one need only purchase a block of shares of ExxonMobil or the like. The dividends offset the increase in gas prices. Neither one of us remembered the miniumum wage, but thinking it was around $6 I explained that if everyone making minimum wage would just devote a dollar per hour earned to investing in oil stock, they would defray any increases in gas prices. He nodded in agreement, until I told him I was bullshitting him, at which point he breathed a sign of relief. I was wearing a suit after all.

After that, he also admitted that he didn't want to take the bus through the black part of town, which I thought was interesting. He had a rough week last week and is working all weekend and back to work next week.

But here's why I write about him. His mother apparently passed this week and his wife is in the hospital. But he said at least I have god, pointing up. I only managed to say "good." But if I was a religious man, I would have said I'll pray for you. I suspect this was what he was hoping for. And though I can't or won't pray, I know people who will. So I'll ask in writing, include this stranger on the bus and your wife in your prayers for today, or how ever long you want. Thanks.

God Save the Queen

...Make her victorious, happy and glorious, long to reign over us...God save the Queen.

Or something like that. Tempted to say Queen mum, she looks so much like her, but no just Queen. What an interesting woman. Actually has some sense. Served as a lorry driver during the war. Not a douchebag like Prince Charles. Everyone is ripping on Prince Harry lately, but I can't help but think to myself, is this boy who drinks, makes incredibly stupid mistakes, but is clearly hardheaded and otherwise sometimes likable much more like the real kings of England of the past (like his Grandmother) rather than the effeminate emasculated Charles? I'm sure William will do well, but perhaps Harry is the boy who should be king.

Now I'll admit I'm a total anglophile, but the more I think about it lately, I think there is some value to the monarchy. Now to the extent they actually rule, I recognize the problems there, but these monarchs are figureheads mind you. But the value is demonstrated in this country. Here where in the next election we may have a (Jeb) Bush versue a (Hillary) Clinton. Monarchy anyone? And it isn't a new trend either. Washington could have been president for life if he had so chosen. Two Adams, two Roosevelts (one of whom was basically elected for life), several two term presidents, a father and son Bush, and as I have mentioned, Bush is related to Pierce. I'm sure I'm also missing a couple. So it seems people gravitate towards monarchy in a way. I'd much rather see a parlimentary system here, and a figurehead monarchy. Maybe we could be really novel and elect our figurehead monarchy, maybe then our desires for a Bush v. Clinton world would make sense. Every few years we could switch back and forth. Prince Billy. Princess Jenna. Don't those sound wonderful?

Krieg

I can't stand reading about Darfur. They keep begging for a UN army that will never arrive. Is there a more clear cut illustration of man's inhumanity to man?

And our army is nation building. Armies don't build nations, mostly because they aren't particularly good at it. They don't train to build nations, or to serve as a police force. They are designed to make war, and that's what they are good at. They are a blunt instrument. They are made up of a bunch of cocky kids who like to play Socom when not on the march and 'Let the "Bodies" Hit the Floor' through their tank soundsystem. And God bless them. And boy could they be doing some serious damage in the Sudan, where they are needed, instead of playing in Dubya's sandbox taking fire from partisans.

Seriously, where is the strategy here, get the whole world pissed off at us? Couldn't we be building some good will by shipping retroviral drugs to subSaharan Africa and building schools. Are we content to let China corner the market on good deeds and building inroads into Africa. How long can we just dump on the world and jerk it around before it comes back around?

Baseball berry berry good to me.

Spent Easter at a baseball game with the family, which was quite nice. Good food and nice seats. Of course our three year old was the life of the party, dancing to the music coming over the loudspeakers. He pretended to play the piano and the drums. And of course when he came back from the restroom he proudly announced to all of our neighbors that he pooped in the potty. He also helped entertain the group of young boys sitting behind us. I think his favorite part of the game though was watching them remove the tarp from the field and place the tarp back over the field. By the end of the game he was also insisting that he keep his baseball hat on as well.

It was much better than the part of the day that we spent doing our taxes.

Easter Rewrite

Well the holiday is over. We had fun dying eggs, hunting for eggs and eating the eggs. The chocolate bunny this year gets two stars. If Lindt or Kinder or Cadburry made something moderately sized for a three year old I would have snapped it up.

My apologies for trashing the holiday a little yesterday. I don't think a spring time holiday with a resurrection theme is necessarily a bad idea, I would just do a little rewrite.

So lets take some of the main themes for our pot, god killed, god resurrected (bodily), betrayal, murder by man. God or gods dying is not really too new. Ragnorok is one example and I think some of the Titans died when Zeus and Hera ascended although my memory on this may be shaky. But when you've only got one god and you kill him off, that's balsy. I don't know of anyone else who does that. Resurrected bodily is a little more difficult. I know one of the heresies was that god was not resurrected in corporeal form but rather returned as an apparition. If you are a literalist, I would think this would be the way to go, but corporeal reinvestment makes sense in another way too. The betrayal of god and murder by man are two of the most interesting elements of the Christian story. I can't think of another tradition off the top of my head that shares these elements, but please enlighten me. And maybe tweak a couple of things regarding the death. First let's be clear that mankind killed god instead of some group of mankind. That way no one can go on death rampages against anyone. And maybe dial down the suffering of god a little. The first reaction to hearing about god suffering seems to me to be most often religious fervor, rage or aggression rather than what is intended. And really isn't it man who suffers for killing god rather than the other way around?

And lets sprinkle in some other things. First lets tie in Spring firmly to the holiday. It's convenient enough because the holiday we do celebrate is primarily a spring holiday. The holiday is right around the equinox and frankly the Christian tradition seems to have slipped far from its necessary connection to nature, with too many invoking the idea that man has dominion over nature rather than being a part of it. Then addition by subtraction. Let's make god not the god but a god. For me anyway this solves some of the problems of hostility between religions. Too many argue we believe in the one true god and you don't. Now some will say well we probably all believe in different manifestations of the same god. But there are too many counterarguments that say, well there is only one manifestation of our one true god, so again you don't. Perhaps if we had more than one people would be a little flexible on this. Maybe not all the gods have been revealed and everyone's god is some manifestation of some god or of the godhead. With two gods the holiday can get a lot more interesting. Now addition by addition. Lets make the holiday about the resurrection of two gods instead of one.

So in the brief time I allow myself to write this post I would come up with a holiday with roughly this framework.

Two gods, one male and one female are born and resurrected on or around the vernal equinox (depending on your hemisphere). They are reborn and resurrected in bodily form after a death of six months during which time the nights lasted longer than the day. Coinciding with their rebirth/resurrection the world is reborn and resurrected in spring. Their rebirth happens not once, but every year for us to celebrate. And of course, since we attribute human characters to god and because everyone is pretty clear how people create life, it is fairly obvious how the holiday is celebrated or can be celebrated amongst both the gods and the people. And frankly given "spring fever" it is pretty obvious the spring is already celebrated in this manner. Most of this tradition is celebrated through May Day, Beltane and Easter. (And hey, they would have a kid right around the Winter Solstice, isn't that interesting).

The gods born on Easter would be gods of justice and natural gods. A little New Testament, a little Old Testament, but given the nature of the season I could only suggest a gentle god, Jesus-style. The fact they are born and die on an equinox would naturally lend itself to the idea of balance, as hopefully would their relationship - with one another which is something which would be extremely useful and is not well provided by the Christian tradition. Very zen. Their pairing, and the pairing of male and female while allegorical would not need to be absolutely literal, but about the joining of parts balancing a whole.

As the summer ends, then the bible Easter story springs into action. A conspiracy of man against these two gods. Perhaps one man given the knowledge that he would be called upon for a necessary betray of god (Peter and the Gospel of Judas - Judas), and one may with ill will (canon gospel Judas). Of course, both gods would have the knowledge that they must die in order to live again and in order for the world to be reborn, so they would in a sense have the same knowledge and behavior of Christ at the last supper. They could even draw parallels to eating of their body and drinking of their flesh, although I would suggest they broaden the scope a little bit and focus on the fact that their being is all of the earth and all food and drink from the earth is part of them, rather than narrowing in on the similarity between wine and blood. At the appointed time around the autumnal equinox they would both be murdered in cold blood, the murder having no clue that his evil act was actually life affirming, echoed forever by their final statements at the time of their death. And they would be murdered with the support of everyone, who had turned against them from failure to see and/or understand. I can't see exactly how they would be murdered, but I'd be willing to take suggestions. Something not to gory or gruesome, so as not to instill hate in people, but something that does not entirely destroy their bodies, as immediately after their death, their bodies would have some significance to the harvest.

And then after the death of the gods the cold and hard winter approaches, with the justice that the gods might have sought in life, played out after their death.

Plus, I think there must be a way to have the female figure give birth to at least one sun god on the winter solstice, Christmas time, the sun/son god.

Well anyway. Someone should write that book. But until then, Happy Easter.

Eostre

What a holiday today. From an outsider's perspective, Easter is about as morbid and disturbing as a religious holiday gets. God crucified, god resurrected, god ascends. The crucified part is miserable and the resurrection part just comes off as absurd. And the few times I've been in a Church on Easter have been equally diappointing. At least on Christmas most sermons revolve around thinking about and helping those who are less fortunate. On Easter I recall getting an earful about how everyone needs to be more religious. So needless to say, I avoid Easter services like the plague. Plus when your favorite part of the whole Easter story is Peter's denial while the cock crows, you don't make a lot of friends.

Well anyway, there is so much of the Easter holiday that is completely based on pre-Christian tradition. So is every other holiday for that matter. So the rabbits and the eggs are still a wonderful way to celebrate the fecund season. Kind of obvious to start kids out with this. Try explaining to a three year old that everyone decided to kill god and he rises from the dead today. Not so much.

The Code

I just finished the DaVinci Code. [readers say in unison: you cheap bastard]. It was a good read and only took me a couple days. I've long thought that art which taps into modern myth is easy to make compelling. The Exorcist scared the hell out of me. I thought this book functions on the same level. I'm sure the Prose Edda had a similar effect for people who heard it back in the day.

I loved the controversy over people who are convinced the book is literally true. Fitting given the subject matter. I'm not even sure most textbooks are fair and balanced these days.

For me the most interesting aspect of the book was its focus on how Roman Catholicism and frankly most Abrahamic religions have eviscerated the role of females. To me that seems beyond dispute. I mean the two most prominent figures are either an unattainable impossibility (a virgin mother) or a whore. Oh yeah, and Eve was like a temptress tramp too. Jesus didn't get married or screw around, none of his apostles were women. None of the gospels written by women. I'm not certain, but are any of the angels or devils even typically depicted as women? No women popes, no women priests, etc. etc. I was never clear on what nuns did other that serve as the handmaidens of the church. An important role, but hardly equal to that of a pope or cardinal. I had considered all these things before reading the book, but it was a good read for that reason alone.

Frankly I don't even understand why any women really belong to the church. Except perhaps to change it.

Well hooray for the sacred feminine anyway, I hope it at least makes people think.

The Price of a Cheeseburger

I love how the fast food companies are back in the news. Some countries use high fat oils, others use low fat oils. The companies insist that the use of oils is dependent on price, availability and customer preference. So fries in some countries in Europe are healthier than the fries here. No big surprise. And the explanation makes sense too.

But it presupposes another issue. How responsible are fast food companies for their own products?

I remember getting into huge lunch table arguments with other lawyers regarding the passage of the Cheeseburger bill. The bill which says you can't sue McDonalds for making you fat. Makes sense right? Personal responsibility right? Well it doesn't make much sense to me. The courts were already really hostile to those suits. Especially when people claimed they didn't know McDonalds food was bad for you. And maybe I'm just far too cynical, but I wouldn't give a company a license to injure people. I don't know what we are trying to incentivize by protecting them from suits, even in the unlikely event that they do deliberately try to hurt someone.

I think the way it was worked fine. McDonalds over the past several years, along with other fast food companies have been making a concerted effort to serve healthier food. That seems a good solution. That way if you pick a hamburger over a salad, you are the probelm. Clearly there is a difference between that choice and the choice between a bacon double cheeseburger and a double fish-fry sandwich. And with the threat of a suit connecting, the pressure to improve was a constant.

Now that we seem more willing to protect them, they have reverted to arguments about personal preference. I don't think anyone has a personal preference for the ill-health that comes with overeating.

Personal responsibility is a wonderful thing. But it has to be a two way street. Why shouldn't McDonalds be responsible if every item on their menu was horrendous. Why shouldn't city planners be responsible for curtailing the construction of fast food restaurant after fast food restaurant in areas that don't contemplate healthier options. Why shouldn't everyone take just a little responsibility for trying to make everyone else a little healthier?

There are too many communities where the options for supermarkets and dining are too limited. Usually, this occurs in the poorest of communities. And at some point, if you can envision a town or neighborhood with fast-food as the only option, and envision fast-food as an always unhealthy option, you have to wonder what went wrong.

Trickle down religionomics

Passover is such a boon.

My great hope is one day to by chometz one day and walk in and claim some of it. Jews have to sell or dispose of all their leavened bread for 7 or 8 days during the holiday. Sometimes they sell some of it to a gentile and buy it back after the holiday is over. Check ebay. But the sale is somewhat legitimate, and I think within reason you can claim your chometz, but I wouldn't suggest being anti-semetic. I wouldn't eat a ton and would be willing to pay a little extra. I don't drink so I wouldn't hit the really expensive stuff. But I'd just love to pay say $3.50 for a house full of chometz including some breakfast cereal, and then have myself a bowl of Cocoa Pebbles. Maybe I'd discuss the Pascal lamb and whether a frog plague is really possible in today's world.

And I'd love to walk in somewhere for a good holiday dinner. Since at least some families set an extra place for Elijah, and then assume that weary travelers who come to their door might be Elijah, I might try that out too. But if I had to speak Hebrew, then I guess all bets would be off. That and asking for a good cheeseburger and it would be all over for me.

Well Easter is coming up too, so I feel kind of out of it this week. But maybe I'll right more on Eostre later. Right now I just started the DaVinci Code at long last.

Arid

So I'm at another town meeting last night and we are talking about how a swank bar is on its way into town. Now that a no-smoking ordinance was passed it only makes sense right? Oh, and I forgot to mention the town is dry. Or should I say, was dry. I guess about 15 or 20 years ago someone decided that some alcohol sales were okay. They are really restricted though.

Now I know I am in a small minority, but I really liked the fact that the town was dry. I don't care that every town across the street is wet but I thought it was kind of renegade that we were one of the last bastions of prohibition. It was one of the consideration in my moving here. No one in my nuclear family drinks, so it worked out fine for us. Plus for those people who wanted to drink, I don't think there was anything preventing them from drinking at home. Oh well, I should have suspected something was wrong when I was on the same side as some religious wackos, but it was fun while it lasted.

Hard Labor

One good day of hard labor this weekend. I helped my parents move on Saturday. Here is a picture of their new place which looks lovely. It is an antebellum building in my hometown. They bought the building a couple years ago I think for under six figures and served as the general contractor for the buildout. The building holds two condominiums, a rental apartment a commercial space and a full basement which was at ground level about 100 years ago and I believe was a dry goods store.

In addition to serving as general contractor, My stepdad did a lot of the work himself like installing the cabinets and building the stairs. The stairs were ceiling joists before the diagonal microlaminate beams pictured were installed. He also replaced and rebuilt all the windows himself, only ordering glass panels. My mom ran the books for the work and obtained historic tax credits.

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I am looking forward to Thanksgiving dinner this year.

Hup Holland Hup!

We have the government we deserve I guess. I saw the attorney general half-smirking answering that if the president thought it was in the best interest of the country he could conduct domestic political surveillance. Scooter Libby said that Cheney told him Bush authorized the declassification and leak of national intelligence information which may or may not have included information on a covert operative. The only reason that information would have been disclosed is as political retribution. Someone floated out there that the use of tactical nuclear weapons is on the table in the Middle East. We are testing new bombs and bringing back the mushroom cloud to the Southwest. And anyone who speaks out against the government is supporting the enemy. Palestine is electing terrorists, Afghanistan is growing poppies, Iran is building nuclear weapons, North Korea is threatening to bomb our west coast and Iraq is happy-funtime land.

Ann Coulter calls liberals traitors like it is a bad thing.

Concert

I went to see Cesaria Evora last night with my wife. It was a good time and I think she really enjoyed it. Most of the singing was in Portuguese and French and so either I couldn't understand it or I could only understand a little bit. The band was "tight" and she sounded exactly like she does on her studio albums. And we had the best box seats in the house, the closest to the stage.

Along with our prior visit to see Etta James, we managed two out of the three trifecta. Unfortunately, we won't be able to see Nina Simone.

I think for our next concert, we will probably see GWAR. Or not.

But is it wrong that instead of hearing Besame Mucho my mind heard Besame Coulo?

Death Penalty

The Moussaoui trial got me thinking again about the death penalty. I am generally opposed to the death penalty because I am generally opposed to the state executing people. I can see how in the right circumstances you can make exceptions to the rule through, and I am sympathetic to people who support the death penalty. And in times of war all bets are off.
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But my real question is, is it a penalty at all? Doesn't supposing death is a punishment presuppose the existence of an afterlife. If no afterlife exists aren't you really denying an offender punishment.
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The elements of justice I remember are retribution, specific deterrence, general deterrence and reformation. There could be one more which slips my mind. I'll take them in reverse order.
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Reformation is reeducation. It is the effort to try and reform an offender so that he may either lead a productive life in jail or perhaps in society if he is released. Job training, counseling, these kids of things come to mind. The American justice system and the American people modestly support reform of criminals, but it is not considered the primary focus of incarceration. Now with serious offenders it is unlikely that we would chose to release them, but some reformation might be necessary to keep them functional in a jail environment. Otherwise I don't think reformation is a concern for anyone other than the most liberal minded. Obviously, imposing the death penalty precludes any reformation.
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General deterrence is a message to everyone not in jail. See what happens if you kill someone? You get locked up. Incarceration clearly serves as a message that you shouldn't do a crime. I suppose the death penalty serves the same message. However, if most criminals are poorly educated and/or prone to passion I question whether they will be able to coherently weigh the costs and benefits of committing criminal acts. And I've always questioned, if you are poor and have no prospects don't the benefits of committing a crime outweigh the costs? The worst you can end up with is having no freedom of movement and getting three square meals, well and maybe AIDS, which would suck. I don't know if most sane people would rather rot in jail or die. Don't most people who are vested in the society fear losing a house, a car, their possessions, a revenue stream their spouse and children as much or more than a stay in jail? So I think as far as the death penalty goes it could be a push.
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Specific deterrence prevents the criminal from committing more criminal acts. Clearly, if you are dead the chances of you committing further crimes are slim. If you are alive conceivable you could be released or sprung and return to a life of crime. Or you could even commit crimes in jail. So this seems like the ultimate reason to support the death penalty.
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Finally, retribution. Here is what really confuses me. As demonstrated by Moussaoui, retribution seems to be largely subjective, but for me always slants toward incarceration rather than execution. For some, I can imagine them becoming accustomed to jail or even learning to enjoy it, regardless of the level of hardship. For others I can imagine it being one hardship after another. Now death on the other hand for its punitive aspect is more of a dilemma. Sure death in and of itself is some measure of punishment, and if you fear death then that punishment is magnified. But isn't there an element of theism creeping in to what we view as the vengeful purpose of the death penalty. I hope you die and burn in hell, the movies say. Well what if there is no hell? What if a person just dies and we've missed out on the opportunity to really punish them? I recognize that we've just practiced the ultimate act of specific deterrence, but is that it? Couldn't the death penalty be the act that least punishes the offender as in the case of Moussaoui as much as it could be the act that most punishes him?

Opener

Finally Spring is here. Thank goodness. As I listen to sports radio today, I am reminded of the change in season.

Rushing up to the stadium with the anticipation of an eight year old. The feel when you walk through your entrance, as it opens up in front of you and you get the rush that comes from sensing the mass of humanity surrounding you. Wiping what you hope is rain off the seat and collapsing your body into the hard plastic. The smell of the field and the sausages. The din of the crowd and the announcers trying to speak over them. Watching the players take the field, usually a distant sight of strong but small men which makes you wonder what they were talking about a before they came out, what they are thinking. The slow start of the game, event upon event, a play beginning to set up. Then an opening revealing a possiblity. One team capitalizing on a moment and the swell of emotion that accompanies it. And how it can last throughout the game. Or navigating your way through the emotions of a more complex game, where either your wisdom and patience prevail or you are stripped bare and acknowledge that you are still a child.

Of course, on the radio they talk about baseball. But the football season is here.

Pledge

Ah for the good old days.

I pledge allegiance to my Flag and the Republic for which it stands, one nation indivisible, with liberty and justice for all.

The original pledge.