Category Archives: History

I believe the fear of the rope, as it is generally called among certain classes, is a very great deterrent. — Rayner Goddard, Baron Goddard (10 April 1877 – 29 May 1971)

Mika and I are celebrating our fifteenth year together this month, August 2013. In all these years as a couple, we have never gone away together for a holiday. At long last, we are taking a holiday next month, a trip to England for two weeks. This will be Mika’s first visit to England. I lived in England from 1968-1970. I remember upon learning I would be travelling to England with my family imagining England was a land with castles where kings and queens resided and frequently ordered that people’s heads be chopped off. While this was true in the past, it happily was no longer the case by the late 1960s. In fact, capital punishment was no longer in use when I arrived in England with my family. Still, this is one facet of English history and law I find fascinating: the application of capital punishment. Judicial hanging was by far the most common form of execution in English history, although the cruel punishments of hanging, drawing and quartering, burning at the stake and beheading were practiced for centuries also. By the 20th century judicial hanging was the only method of execution (outside of the military where one could be shot at dawn) employed and the English had perfected its practice applying it liberally in executing people convicted of murder and high treason. Continue reading →

I am a conservative Republican, but I believe in democracy and the separation of church and state. The conservative movement is founded on the simple tenet that people have the right to live life as they please as long as they don’t hurt anyone else in the process. — Barry Goldwater

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In a previously published essay, I discussed the life and career of Barry Goldwater, the Republican Senator from Arizona and his support of gays serving in the US military. Beyond this, he was in favour of gay rights in all of US society. This support was based on his conviction that there be a strict separation between religion and state. Goldwater’s position on gay rights and the separation of religion and state put him at odds with many conservatives, particularly the religious constituency known as the Christian right that supports the GOP and various socially conservative causes in the United States. The Christian right is composed primarily of the Moral Majority, renamed Moral Majority Coalition in 2004, the Christian Coalition of America, Focus on the Family and the Family Research Council. The most prominent figures in the Christian Right are Jerry Falwell (deceased), Pat Robertson, James Dobson and Tony Perkins. Continue reading →

You don’t have to be straight to be in the military; you just have to be able to shoot straight. — Barry Goldwater (1909-1998)

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The repeal of the Defense of Marriage Act (DOMA) in the United States is great news for gay couples who are employed by the federal government, particularly those who are serving in the US military. Interestingly, the ban on gays serving in the US military was lifted before the repeal of DOMA, and the effort to lift this ban was supported by what you might think was an unlikely advocate: none other than Barry Goldwater (1909-1998). Goldwater was a staunch conservative, an anti-communist politician whose career in federal politics began in 1952 as a Senator for the State of Arizona and presidential candidate for the Republican Party in 1964, continuing until his retirement in 1987. He was forthright and transparent in his thoughts concerning gay rights in US society and gays serving in the US military, and not in the way you may be thinking. Concerning gays serving in the military, he stated, “everyone knows that gays have served honorably in the military since at least the time of Julius Caesar. They’ll still be serving long after we’re all dead and buried. That should not surprise anyone.” He added:

The conservative movement, to which I subscribe, has as one of its basic tenets the belief that government should stay out of people’s private lives. Government governs best when it governs least – and stays out of the impossible task of legislating morality. But legislating someone’s version of morality is exactly what we do by perpetuating discrimination against gays. (Lifting ban on gays in military should be conservative cause)

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I believe that the tendency to classify all persons who oppose [this type of relationship] as ‘prejudiced’ is in itself a prejudice,” a psychologist said. “Nothing of any significance is gained by such a marriage. — Loving v. Virginia

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The Supreme Court of the United States (SCOTUS) handed down rulings this week concerning marriage equality in law for same sex couples at the federal and state levels. The Defense of Marriage Act (DOMA), the law which prohibited the federal government from recognizing same sex marriages, was declared unconstitutional and the court refused to hear the appeal of Proposition 8 in California, the ballot measure that changed the California Constitution to add a new section 7.5 to Article I, which reads: “Only marriage between a man and a woman is valid or recognized in California.” Proposition 8 was declared unconstitutional by a lower court, the Ninth Circuit Court of Appeals, in 2012 and the government of California chose not to defend the law on its appeal to SCOTUS. Consequently, a majority of the Justices refused to hear the appeal on the grounds the appellants did not have the constitutional authority, or legal standing, to defend the law in higher courts after the state refused to appeal its loss at trial. These rulings are the latest in an interesting history of legal battles over the definition of marriage in the United States.
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The caliphate is the sign of Islamic unity, and the manifestation of the connection between the Islamic peoples, and an Islamic symbol which the Muslims are obligated to think about, and to be concerned with its issue — Imam Hasan al-Banna

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In previous essays I discussed the topic of religion and state in the Western world, notably the role of Christianity, Catholic and Protestant, in the development of Western civilization. For centuries the Catholic Church had authority in temporal affairs and collected taxes in much of Europe. Following the Reformation in the 16th century there were instances where Protestant Churches had authority in temporal affairs. Geneva under the rule of John Calvin (1509-1564), the founder of Calvinism, was governed according to the Ecclesiastical Ordinances which were administered by the Consistory. The Enlightenment in the 18th century introduced new thinking in the natural rights of man and the place of religion in society. Enlightenment thinkers valued religious liberty, but also favoured a strict separation between religion and the state. By the end of the 18th century there were the American and French Revolutions which introduced constitutional law and separation of church and state. In the 19th century the last vestiges of church authority in temporal affairs were swept away with capture of Rome and the Papal States in the drive to unify Italy as a nation. Constitutional guarantees of religious liberty and separation of religion and state make religious pluralism an integral part of Western societies in the present, while Christianity remains the dominant faith, people are free to practice any religion they wish or none at all. How does the history and development of the Islamic world then compare to that of the Western world? Continue reading →

“The law of humanity ought to be composed of the past, the present, and the future, that we bear within us; whoever possesses but one of these terms, has but a fragment of the law of the moral world.” — Edgar Quinet (1803-1875)

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The papacy was in a very precarious position when Pope Pius IX convened the First Vatican Council on June 29, 1868. The drive for Italian unification was underway, with a revolution in 1848 that led to the exile of Pius IX in the castle of Gaeta in the Kingdom of the Two Sicilies from November 24, 1848, until his return to Rome in April 1850. The revolutionaries declared the Roman Republic comprised of the Papal States and in accordance with the ideals of the Enlightenment religious liberty and tolerance was enshrined in the new constitution by article 7 of the Principi fondamentali. Prior to this development only Christianity and Judaism were allowed by law to be practiced in the Papal States. The independence of the pope as head of the Catholic Church was guaranteed by article 8 of the Principi fondamentali. While providing constitutional guarantees of religious liberty and papal authority over the Catholic Church, the framers of the Constitution of the Italian Republic curtailed the temporal authority of the Pope which was referred to as an “historical lie, a political imposture, and a religious immorality” by a reform-minded priest, Abbé Arduini. (as cited in Wikipedia) However, by June 1849 the Roman Republic was overthrown by French military intervention and Pius IX restored in office, returning to Rome and reclaiming governance of the Papal States. Continue reading →

I desire not to keep my place in this government an hour longer than I may preserve England in its just rights, and may protect the people of God in such a just liberty of their consciences… — Oliver Cromwell (1599-1658)

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RainerCromwellLL

How often have I heard it said that it is the precepts of Christianity that are the foundation of Western civilization? When confronted with this claim, my typical response is to roll my eyes and think, “that old chestnut.” This is particularly the case when the claim is framed so egregiously by the likes of Glenn Beck, who stated, in referring to origins of the United States, “it is God’s finger that wrote the Declaration of Independence and the Constitution. This is God’s country; these are God’s rights. I have no idea what he wants us to do with them, other than protect them, and stand with Him.” (As cited in Tony’s Curricublog) While it is easy to dismiss such claims as stuff and nonsense, it is worth considering the role of religious belief in the growth and development of Western civilization, its transition from the primacy of Christian doctrine in public life to the rise of liberal democracy and the rule of law in the secular nation-state, though not in the way many religious folks, such as Glenn Beck, imagine it to be. Continue reading →

Sapientia et Doctrina Stabilitas = Wisdom and knowledge shall be the stability of thy times–Queen’s University Motto

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Mika and I are Queen’s grads. I graduated in 1986 with a B.A. in sociology. Mika graduated in 1996 with a B.Sc. in mathematics and computer science. The years I spent at Queen’s were a lot of fun for the most part. Political correctness was yet to take hold. Frosh week, was a drunken and ribald festival in which we were expected to use vulgarity liberally. I remember suffering quite a culture shock when my mother and father left me on campus. I have never cared for vulgarity personally and until I met with my Gael group later that day I was on the brink of calling and asking them to take me home. Once I was settled into my Gael group, no. 9–our group chant was “Number Nine is doing fine, the rest of you are fucking swine”–I began to feel better and joined in the ribald fun that continued for the rest of the week. Early into my first year at Queen’s, some students organized a game they called “Kill.” The game consisted of players who had completed an entry form giving their address on campus or in the student ghetto. Players were given an information sheet indicating where their victim might be found and to make a kill you used a toy pistol that fired plastic projectiles. To authenticate the kill there had to be a 2-3 witnesses who were acquainted with the victim. I made my first kill before I was gunned down outside my drama class. When you were killed, you gave the information form of the victim you were stalking to your assassin and the game continued. Somehow, in the current climate across college and university campuses, I do not think this game is played anymore. Continue reading →

When truth is stranger than fiction

Pride and prejudice

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In Canadian law, enshrined in the Constitution Act and in federal statutes, Northwest Territories Act, the Yukon Act and the Nunavut Act, what is known as separate school boards are allowed to operate along side the public school boards. The law allows for separate school boards to accommodate members of the Christian faith, either Catholic or Protestant, where their numbers make them a minority–this right does not apply to faiths outside Christianity–in the provinces of Alberta, Ontario and Saskatchewan and in the Northwest Territories, Yukon and Nunavut. In practice, most separate school boards serve Catholic populations. Both public and separate school boards are funded by provincial an territorial governments respectively and are subject to legislation governing curriculum. While there are separate, that is Catholic, school boards in these provinces and territories, they operate under the auspices of the provincial or territorial civil authority. The Catholic Church does not have a constitutional, legal, or proprietary interest in the separate school boards. In recent history there is an ongoing controversy over Catholic teachings on homosexuality and their place in the separate school curriculum in the Province of Ontario. Continue reading →