Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Tuesday, June 30, 2020

With Advantage, Comes Privilege But Also Responsibility


Deuteronomy Chapter 4 – Part One: Moses Reminds the People of their Advantage
Deuteronomy 4:1-8 -- The Passage and Some Thoughts
This whole chapter is loaded with gems for us to use in our lives today. We often miss these because they are found in what most would consider ho-hum books of the Bible, but as God’s Word, they are invaluable.  Take a look.
Verse 1 – Moses wants the children of Israel to listen to the statutes and judgments he was teaching them, which if they obeyed, they would live and possess the land God is giving them. In one sense, it is a “summary purpose” of the entire Word of God, the whole Bible – it is God’s message to us – if we listen and obey, we will inherit heaven, our promised land.
Verse 2 – Moses warns that no one is to add or deduct any from these statutes. That still holds for us today, yet many preachers are either ignoring certain parts of God’s Word or they are adding their own requirements. As far as God is concerned, that’s a non-starter. Woe to those that do that.
Verse 6 – Moses says these statutes and judgments are to be kept and carried out; they are “your wisdom and your understanding”. As I get older, I am startled that some younger folks actually appreciate what they call (to my surprise) “my wisdom”. For my part, I just feel that I’m using God’s principles of life as taught to me in His Word. Moses tells them if they apply that wisdom, people will see Israel as a “great nation that has wise and understanding people.” I believe that is how we as the Church could have been viewed by so many in the world, but perhaps we blew our chance when we did not hearken to, learn, and follow God’s statutes and judgments for us.
Verse 7 – I love this verse. Moses is asking the people to name any other nation that has a god so near to it as is “the Lord our God whenever we call on Him.” Only Israel did and may still do. Only the Body of Christ does today. We seem to live unaware of that very fact, that incredible difference, between us and the rest of the world. We often live like losers, when in fact we are, as Romans 8:37 says, “more than conquerors through Him that loved us.”
Verse 8 – And not only is Israel and we the Body of Christ great because of our God, but we are great because of the very righteous nature of the whole law which God has given us. As much as we try, and providing we use the correct context, we cannot find any – not one iota – fault with the Law of God. It is 100%-proof. No further experiments or research is required. Nothing surpasses it.
Robert Jamieson points out that for the Israelites, as a result of what God has done for them and given them, they have both a privilege (of being so blessed) and a responsibility (of teaching this Law of God to all generations).  That privilege and responsibility applies to us as believers in Christ Jesus today.
Wrap-up
How then can we lose? We have a great God Who has given us a great Law to live by. Let us go out there and live as such.

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Saturday, August 11, 2018

Oh the Web We’ve Spun When It Comes to Euthanasia

Assisted Death: Legal, Social and Ethical Issues after Carter

General Editor: Derek B.M. Ross, LL.B. LL.M. of the Ontario Bar
Publisher:LexisNexis Group, Toronto, ON, 2018


Oh the Web We’ve Spun When It Comes to Euthanasia 
The Supreme Court of Canada in 2015 made medical assistance in dying (MAiD) or euthanasia or physician assisted suicide (PAS) legal under certain conditions. Canada responded with basically supportive legislation in the form of Bill C-14 in 2016. This publication of Assisted Death: Legal, Social and Ethical Issues after Carterbrings together several prominent legal experts on what that means and how it impacts Canada and Canadians, not to mention the rest of the world with regard to where we go from here.
It is a large volume (541 pages) but one learns a lot. Given the profession of the writers one needs to read it patiently and with a highlighter. The rewards for a layman are significant. I learned about the doctrine of stare decisis-- when courts should, and should not, follow precedent -- and all the implications of the Carter case for and with respect to that doctrine. One learns about the importance of objectives of a law; whether rights limitations (a big deal here as MAiD is only extended to some individuals) are in accordance with the fundamental principles of justice; how freedom of conscience and religion, and the right to religious equality, for health care professionals and institutionsneed to be reconciled with patients’ interests; overbroad laws; the law’s conception of personal autonomy[and the difference between ‘Deliberative Autonomy’ and ‘Social Autonomy’];charter dialogue; the three sources of vulnerabilityand how they impact this issue; and much more.
Of course, there are social and ethical issues that must also be considered as a result of Carter and the consequences (positive and negative) that result from its application. These include:
·      the need “to affirm the inherent and equal value of every person’s life and to avoid encouraging negative perceptions of the quality of life of persons who are elderly, ill or disabled”
·      that “suicide is a significant public health issue that can have lasting and harmful effects on individuals, families and communities”
·      the “‘irrevocable nature of ending a life’ and the need for ‘robust safeguards. . . to prevent errors and abuse in the provision of MAiD’”
·      and “the interests of vulnerable persons in need of protection and those of society.”
There is way too much that one can highlight about this book. It is better in this case to simply state that it is very wisely divided by Derek Ross, the general editor, into four major parts, and to list those parts and their contents, as follows: 
I.        Carter’s Impact on Canadian Legal Doctrine – with chapters on:
a.     Carter: A Stain on Canadian Jurisprudence, by Dr. John Keown
b.     Carterand the Unsettling of Stare Decisis, by Dwight Newman
c.     The “Basic Bedford Rule” and Substantive Review of Criminal Law Prohibitions Under Section 7 of the Charter, by John Sikkema

II.        Charter Implications for Health Care Professionals and Institutions
a.     Conscientious Objections to Medical Aid in Dying: Considering How to Manage Claims of Conscience in a Pluralistic Society, by Mary Anne Waldron, Q.C.
b.     The Call in Carterto Interpret Freedom of Conscience, by Brian Bird
c.     Complicity, Autonomy, and Conscience: Charter Implications of the ‘Duty to Refer’ for Physician-Assisted Suicide, by Derek B.M. Ross
d.     The Right of Religious Hospitals to Refuse Physician-Assisted Suicide, by Barry W. Bussey

III.        The Future of Palliative Care in Canada and Safeguards Moving Forward
a.     Endgame: Philosophical, Clinical and Legal Distinctions between Palliative Care and Termination of Life, by Mary J. Shariff and Mark Gingerich
b.     Establishing the Right to Palliative Care in Canada, by David Baker and Geoff Cross
c.     The Way Forward for Medical Aid in Dying: Protecting Deliberative Autonomy is Not Enough, by Jonas-Sébastian Beaudry

IV.        Charter Dialogue and the Constitutionality of Canada’s MAiD Legislation
a.     Dialogue on Death: Parliament and the Courts on Medically-Assisted Dying, by Thomas M.J. Bateman and Matthew LeBlanc
b.     Constitutional Aspects of Canada’s New Medically-Assisted Dying Law, by Hamish Stewart
c.     Charter Scrutiny of Canada’s Medical Assistance in Dying Law and the Shifting Landscape of Belgian and Dutch Euthanasia Practice, by Trudo Lemmens
What I gleaned from the volume is that the Carterdecision has several flaws that should have been challenged with greater assertiveness.  They still can be when challenges to Canada’s legislation stemming from the Carterdecision arise, and they will – when a broader group of people want access to MAiD or when others want access for them – which is more alarming.
I was surprised by a number of facts including that the “trial judge in Carterdecided that there is no ethical distinction between intentionally and directly causing a person’s death and withdrawing life-sustaining treatment.” I was also surprised by the Court refusing “to confirm that the (Carter) decision would not compel physicians and other health care workers to provide medical aid in dying”, but rather simply stated that “nothing in the declaration. . . would compel physicians” to do so, but that “What follows is in the hands of the physicians’ colleges, Parliament, and the provincial legislatures.”  Ontario, of course, has decided its College of Physicians and Surgeons has the power (which it has used) to compel doctors to as a minimum make a bona fide referral to a doctor who will provide MAiD. In short, a cop-out by the Court. The matter is being appealed.  Also surprising was a Divisional Court’s contention that there “is no constitutionally protected right to practice medicine”, a position which is not in keeping with earlier decisions of the Supreme Court with respect to work.
The sections on religion, its legal definition, and its relationship to conscienceis fascinating both for the believer and the unbeliever. I was also intrigued by the position presented that ‘something being legal’ is not equivalent to ‘something being a right’. I learned about the so-called “Procedural Safeguards” that a professional must consider before a patient is granted MAiD – there are eight of them, many with their shortcomings. Alarming are the predictions of what lies ahead, some based on solid reasoning, and many based on observations of what has, and is, transpiring in Belgium and the Netherlands who have had MAiD for some time.
Some of my favorite quotes from the book include:
·     That the Court found the complete ban (on MAiD)to be overbroad, however, did not transform assisted suicide from a crime in 2015 to a Charter right in 2016. The repeal of crime does not automatically create a correlating constitutional right. To permit an act is not to mandatethat others perform it. (p. 170)
·     There is no right to termination of life, only a right to request it. The health care provider makes the determination regarding whether a request can be legally granted and whether or not to participate. (p. 289)
·     Parliament also declined to establish a right to PC (palliative care)when legalizing MAiD, contrary to both Belgium and Quebec which did establish a corollary right to PC. (p. 323)
·     The proportion of people who receive euthanasia and who are not terminally ill has also greatly increased in Belgium and The Netherlands. (p. 497)
·     Once end-of-life is abandoned as an access criterion, setting limits becomes very difficult if not impossible. . .. [A]significant majority of geriatricians in the Netherlands (62 per cent) felt pressured by family members to make a decision to euthanize. (p. 499)
This is a must read for anyone who has a loved one that is terminally ill or has the desire to ‘call it a day’ or just wants to “go home!” Certainly, doctors should read it, politicians should read it, clergy should read it. Highly recommended. It allows one to catch up on what has happened so far and alerts and prepares one for what is about to happen – both legally and socially. MAiD is one of the human issues that not only changes death, but impacts life.

n Ken B. Godevenos, President, Accord Resolutions Services Inc., Toronto, Ontario, August 11, 2018, www.accordconsulting.com

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Tuesday, January 26, 2016

God Gives Moses His Own “Handwritten” Instructions



Exodus 31:18: And when He had finished speaking with him upon Mount Sinai, He gave Moses the two tablets of the testimony, tablets of stone, written by the finger of God.
I wanted to deal with this last verse of Exodus chapter 31 all by itself as it contains significant information.
First we all need to realize there comes a time when God is finished speaking. While His love for us continues, there is no more He can say to us at that point. The ball then shifts to our court and we have to play it or drop it. If we haven’t got His message by that time, on the particular subject He is communicating with us on, there is nothing more He can say or do, short of hitting us with the consequences. He often chooses to just stop talking for our own sake. Those of you who are parents of older, perhaps even married children, may feel that way sometimes.
A relationship with one’s adult children, especially if they are married, is much different than a relationship with one’s minor-aged children who must obey, or even with one’s employee who ultimately must carry out the wishes of management. Adult children have freewill and need to make decisions for themselves. A parent can tell them what he/she believes is right, but ultimately, the decision to follow the advice is theirs. So, it is with God. But in both cases, there is the risk of consequences. There is somewhat of a risk in disregarding the advice of an older, more experienced, individual such as a parent, although we need to keep in mind that parents too are human and prone to error, even when trying to give wise advice to one’s children.  However, the consequences of disregarding advice given by God are most definite, as after all, He is God.
The second thing we remind ourselves of here is that Moses had gone to Mount Sinai to hear the words of the Lord. You can’t hear God easily amidst the din and clamor of the valley.  It’s not that God can’t get your attention in the busy circumstances of your life if he wanted to; believe me, He can – and it’s not always pleasant. But you need to go to the mountain (your own solitary space) where it’s quiet and you seek out God’s message to you personally. He wants to have your undivided attention to what He is about to tell you. When was the last time you had a totally private and planned date with God and not a double, or a triple, or a congregational one? If we want to hear a personal message from God, we need to be in a private space with God.
Thirdly in this verse we note that God gave Moses two tablets of the ‘testimony’ or law. They had been promised to him back in Exodus 24:12. God now delivers them to him as He sends him down from Mount Sinai to the people. They were to be properly put into the Ark. Not only were the ten commandments spoken by God, but they were now written down. There is something added to the binding power of words when they are written down. That’s why we often ask someone who feels another person is reneging on a promise, “Do you have that in writing?” That’s why we advise people to get things in writing.
[An aside: Interestingly, as I was writing this section, the daily paper carried an article about an indigenous university professor who lost her job because she refused to submit any articles or research whatsoever for peer review – something all professors are required to do.  She claimed “that peer-reviewed research is contrary to indigenous oral traditions and that (the university’s) research standard effectively discriminated against her ‘race, color, ancestry, place of origin . . . and sex.’” Strange how even God Himself wanted to write things down rather than rely totally on His ‘oral tradition’ to get His message out.]
Not only were the laws written down, but they were written in tables of stone. It is clear here (and from Exodus 24:12) that he found them all ready prepared by God. Matthew Henry suggests that the law was written in tables of stone to denote its perpetual duration. The idea being nothing lasts as long as something written in stone.
The text says they were written with the finger of God. Henry suggests that this means by God’s will and power directly, without the use of any tangible writing instrument. He indicates that some consider this to have been carried out through the ministry of angels.  He believes the implication of this ‘handiwork’ of God symbolizes that only He can write His law in our heart, utilizing 2 Corinthians 3:3 as his source. God gives us a heart of flesh, and then, by his Spirit, which is the finger of God, he writes his will in the fleshly tables of the heart.
There is no definitive explanation as to why there were two tablets and what exactly was on each one. There are basically two options that would fit with Jewish interpretation represented in the Midrash (which according to Wikipedia is a method of interpreting biblical stories that goes beyond simple distillation of religious, legal, or moral teachings. It fills in gaps left in the biblical narrative regarding events and personalities that are only hinted at). Either the two tablets had five commandments on them each, or they both contained all ten commandments and were a copy of each other. The idea here being that as in all covenants, each party got a copy. If this were the case, God’s copy would be stored in the Ark of the Covenant that He had ordered built. But what about the Israelites’ copy? The Biblical Hermeneutics Stack Exchange website gives us this possible answer:
Since the Israelites had the status of vassal vis-à-vis G-d and were the lesser partners to the Covenant, it was reasonable for them to file their copy of the Pact in the Holy Ark of the Lord their G-d. Thus we conclude that both Tablets were placed together in the Ark in the Tabernacle, and later in Solomon's Temple: "There was nothing inside the Ark but the two tablets of stone which Moses placed there at Horeb, when the Lord made [a covenant] with the Israelites after their departure from the land of Egypt" (I Kings 8:9).
So, again, Scripture helps to answer Scripture. We know for sure there were both tablets in the Ark, even if we cannot say with absolute certainty as to what was written on each. Henry suggests that what was on them was indeed called tables of testimony, because this written law testified both the will of God concerning them and his good-will towards them, and would be a testimony against them if they were disobedient.

We can also assume Moses was required to show these to the people before laying them in the Ark. This way they were seen while being read, and thus, hopefully, better remembered. But did the Israelites remember and have we remembered?

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