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The Presumption of Innocence is Worth Protecting No Matter What the Cost

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Jemma Beale was sentenced to ten years imprisonment after it was found she had made repeated false rape allegations. 

In February 2013, Vassar College student, Xialou “Peter” Yu was accused of sexual assault by fellow student, Mary Claire Walker. The accusation stemmed from an incident occurring twelve months previously in which Walker had accompanied Yu back to his dorm room after a party and initiated consensual sex. Walker herself broke off the coitus early. She had decided that it was too soon after ending her relationship with her boyfriend to embark on a sexual relationship with another man. She even expressed remorse for having “lead Yu on” and insisted that he had done nothing wrong.

Nevertheless, at some point, Walker decided that she had been sexually assaulted and Yu was mandated to stand before a college tribunal. At this tribunal, Yu was refused legal representation, had his attempts at cross-examining his accuser repeatedly stymied, and potential eyewitness testimonies from both Yu and Walker’s roommates were suppressed by the campus gender equality compliance officer. Supposedly because they had “nothing useful to offer.” In what can only be described as a gross miscarriage of justice, Yu was found guilty and summarily expelled.

Unfortunately, the kind of show trials that condemned Yu is not entirely uncommon in American colleges and universities (and, like many social diseases, are starting to infect Australian campuses, as well). They are the result of years of unchallenged feminist influence on upper education. These institutions have swallowed, hook, line, and sinker, the feminist lie that every single woman who claims to be sexually assaulted must be telling the truth.

The problem begins with those who make public policy. The US Department of Education has been seduced by the ludicrous idea that modern, western societies are a “rape culture.” They have brought into the lie that one-in-five women are sexually assaulted on college campuses, despite the fact that this statistic (which conveniently seems to come up with exactly the same ratio no matter where it’s used) comes from an easily disproven web-based survey.

This survey, which was conducted at two universities in 2006, took only fifteen minutes to complete and had a response rate of just 5466 undergraduate women aged between eighteen and twenty-five. Furthermore, it was poorly formulated with researchers asking women about their experiences and then deciding how many of them had been victims of sexual misconduct.

Regardless, the lack of credibility that this survey possessed did not stop the US Department of Education’s Office of Civil Rights from laying out guidelines for handling reports of sexual misconduct. Among these recommendations was that reports of sexual misconduct should be evaluated on the “preponderance of evidence” rather than the more traditional “clear and convincing evidence.” This radical shift in standards of proof means that accuser only has to prove that there is a reasonable chance that a sexual assault occurred rather than having to prove it beyond a reasonable doubt.

It would be an understatement to say the college and university rape tribunals – and the policies that inform them – violate every legal principle and tradition of western law. American colleges and universities have created an environment in which male students can be stigmatised as sexual deviants with little to no evidence aside from an accusation. These tribunals not only violate standards of proof but the presumption of innocence, as well.

That these tribunals have decided to do away with the presumption of innocence should hardly come as a surprise. After all, the mere idea of the presumption of innocence is antithetical to human nature. It is natural for human-beings to presume that someone is guilty just because they have been accused of something. As the Roman jurist, Ulpian pointed out: the presumption of innocence flies in the face of that seductive belief that a person’s actions always result in fair and fit consequences. People like to believe that someone who has been accused of a crime must have done something to deserve it.

The presumption of innocence is the greatest legal protection the individual has against the state. It means that the state cannot convict anyone unless they can prove their guilt beyond any reasonable doubt. We should be willing to pay any price to preserve it. And we certainly shouldn’t allow extra-legal tribunals to do away with it just to satisfy their ideological proclivities.

Contemporary Arrogance is the Perfect Fodder for Human Evil

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At this present moment there are three Australians sitting in Iranian prisons. Kylie Moore-Gilbert, Jolie King, and Mark Firkin have all been charged (and, in Kylie Moore-Gilbert’s case, convicted) with espionage. Jolie King and Mark Firkin have been accused of flying a drone over a military installation without a permit whilst the charges against Kylie Moore-Gilbert remain unclear.

To say that Jolie King and Mark Firkin were naïve would be an understatement. The couple, who raise money for their global adventures on Patreon, stated on their vlog that their ambition is to “inspire anyone wanting to travel and also to try to break the stigma of travelling to countries which get a bad rap in the media.”

Some countries have a bad reputation for a reason, a fact Jolie King and Mark Firkin seemed unwilling to comprehend. Iran, in particular, has a bad reputation for political repression, human rights violations, and corruption. Iran has been noted for using excessive violence against political dissidents, suppressing the media, carrying out arbitrary arrests, and using inhumane punishments.

No wonder Amnesty International has stated that the human rights situation in Iran had “severely deteriorated.” Iranian prisoners lack access to adequate medical care, trials can hardly be described as fair, and confessions obtained using torture are freely admitted in court. It was even reported in June 2018 that defendants accused of breeching Iran’s national security laws were being forced to choose from a list of just twenty state-approved lawyers.

There is nothing new about Jolie King and Mark Firkin. History is filled with people who deny the existence of evil. And many of them have paid the ultimate price. Jay Austin and Lauren Geogehan claimed in their blog that “evil is a make-believe concept we’ve invented to deal with the complexities of fellow humans holding values and beliefs and perspectives that are not our own.” This beautiful sentiment didn’t stop them being stabbed to death by Islamic State jihadists in Tajikistan.

A large part of this problem comes from the social disease of moral relativism. We have lived with peace, prosperity, and freedom for so long that we’ve forgotten what it is like not to have them. Our complacency has led us to believe that all moral beliefs are equally valid. And it has led us to believe that there is no such thing as evil.

The problem with moral relativism is that it is not true. Actions have consequences and some consequences just happen to be bad. Saying that all moral beliefs are equally valid is no different than saying that one cannot make judgements about the behaviour of others because there is no absolute standard of good and evil. It’s a rather convenient argument when people are doing the wrong thing and know it.

There are two fundamental problems with moral relativism. The first is that it is a self-defeating argument. By saying that there is no absolute morality you are, in fact, making an absolute claim. The second is that hardly anyone actually believes that morality is relative. If they did, they would regard rape and murder as being equally acceptable behaviour as charity and kindness.

Rather, people use moral relativism to justify their own immoral behaviour. It gives people an easy way out by allowing them to behave in whatever manner they please without moral justification. And this, when you think about it, is precisely what people want: the freedom to do whatever they please without having to feel guilty about it.

Socially progressive people like to see themselves as so sophisticated that they can do away with good and evil. Jolie King and Mark Firkin bought into such a worldview. They now find themselves sitting in Iranian prisons for their troubles. Such is the price of modern arrogance.

MARRIAGE AND THE LATE BARBARA BUSH

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The recent death of Barbara Bush (1925 – 2018) and her seventy-three-year marriage to former US President, George H.W. Bush (1924 – ) has got me thinking about the state of marriage in our society.

According to a report by the West Australian, marriage rates in October 2017 had dipped below that of the Great Depression, the lowest in Australia’s history.

More surprising, however, been the conditions under which this decline has occurred. The modern decline in marriage appears to be the consequence of changing cultural norms and social attitudes that are dismissive, even hostile, to the idea of lifelong, monogamous marriage.

By contrast, the low rates of marriage during the Great Depression was largely the result of poor economics. Low wages, wealth destruction, and unemployment meant people couldn’t afford to get married, so they didn’t.

Similarly, research has revealed that marriage in the United States is fracturing along socioeconomic lines. Today middle and upper-class Americans are far more likely to wed than the American working class. Only thirty-nine percent of the American working class are married compared to fifty-six percent of members of the upper and middle classes.

Our socio-political culture has slowly but surely stripped marriage of the privileges that were once exclusive to it. Casual and extra-marital sex is almost encouraged, sexual licentiousness is no longer frowned upon, and the existence of the Welfare State means that women no longer have to rely upon a husband for financial support (rather, she relies upon the government).

Sexual behaviour is a key indicator of a society’s moral character. Ethical sexual relationships, including good marriages, are based upon love and respect. The problem with the modern conception of sex and marriage is that it has forgotten that sex concerns flesh and blood human beings. It has therefore fooled itself into believing that it can be divorced from emotions, responsibility, morality, and consequences.

While society continues to value licentious sex over long-term commitment, the institution of marriage will continue to decline. Things could change, but I wouldn’t hold my breath.

THE CATEGORICAL IMPERATIVES

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This is our weekly theological article

The German philosopher, Immanuel Kant (1724 – 1804), is one of the most influential thinkers of the Enlightenment. His views on metaphysics, epistemology, and aesthetics have had a profound influence on virtually all philosophical movements that came after him. It was his views on ethics, however, that he is most remembered for.

Kant presented his works on ethics in two works. First, there was The Foundations of the Metaphysics of Morals, published in 1785, in which Kant sought to find and establish “the supreme principle of reality.” Then there was The Critique of Practical Reason, published in 1787, which detailed his moral philosophy. (This was the sequel to Kant’s Critique of Pure Reason, published in 1781, in which Kant explored the foundations and limitations of human knowledge.)

Immanuel Kant is one of philosophy’s most ardent defenders of deontological ethics (think of this as the study of duty). Put simply, deontology asserts that it is the motivation behind an action that determines its morality, not its consequences. Kant believed that human freedom was based on the fact that human beings are endowed with a conscience that makes them aware of the power moral law has over them.

Immanuel Kant believed that human morality was based on an absolute and objective moral law that he referred to as the categorical imperative. There are essentially two kinds of imperatives: hypothetical imperatives and categorical imperatives. A hypothetical imperative refers to commands that are conditioned by your own desires. Attending medical school is only imperative if you wish to become a doctor, for example. By contrast, a categorical imperative refers to an unconditional command. You cannot refuse to pay your taxes, for example. Kant believed that moral imperatives were categorical because the individual cannot decide they don’t apply to them.

Kant split his categorical imperative into three maxims:

First: “Act only according to that maxim by which you can at the same time will that it should become a universal law.” Put simply, this means that you should not engage in a behaviour unless you are prepared to will that everybody else does it all the time.

Second: “Act so that you treat humanity, whether in your own person or in that of another, always as an end and never as a means only.” In other words, it is immoral to manipulate others for any reason whatsoever.

Third: “Act as if you were through your maxim a law-making member of a kingdom of ends.” In other words, you must act as though you are the ultimate moral authority of the universe and that everyone was is duty-bound to emulate everything that you do.

Kant’s moral maxims, therefore, can be summarised in the following way: don’t do something unless you are prepared to tolerate everyone else doing it all the time, never manipulate people, and act as though others are duty-bound to emulate everything you do.

SELF MASTERY

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This week for our theological article, King Alfred Press will be exploring the quest for self-mastery and its importance in living a pious life.

For years, “living in the moment” has been popular advice among self-help gurus. No need to learn from history, no need to think about the consequences of your behaviour, the only thing that matters is satisfying present desires.

However, there is a fundamental problem with living in the moment: it causes you to act impulsively.  You become a slave to circumstance. You end up becoming the sort of person who engages in unhealthy, short-term relationships, you become the sort of person who spends without thought and rack up massive credit card debts.  Compulsive eaters have been known to literally eat themselves to death, and there is little need to discuss the relationship between crime and the intoxicating effects of alcohol.

The rational antidote, then, to living in the moment is to orientate yourself towards self-mastery. By doing so, we can live pro-active, Godly lives. God expects us to be diligent with what we have and where we are before we move forward with our lives.  As it is written in the Gospel according to Luke (chapter sixteen, verse ten):

“If you are faithful in little things, you will be faithful in large ones. But if you are
dishonest in little things, you won’t be honest with greater responsibilities”

Self-mastery helps you achieve mastery of your own emotions, affections, likes, and desires.

So, how do you go about achieving self-mastery? Well, I cannot pretend to have the answers. However, it is eminently obvious that changing your daily habits is a good place to start.

First, engage in daily prayer. It will help you quieten your mind and communicate with God.  Read your Bible or Torah. Remind yourself every day of what God expects of you. Second, practice self-denial. Third, do things deliberately, with purpose – act as though everything you do matters. Fourth, don’t lie – especially to yourself. The only way to overcome your problems is by being honest about them. Fifth, take care of your mind, body, and your surroundings. As Professor Jordan B. Peterson famously advises: “clean your room!” Keep your workspace clean and tidy, put everything where it belongs, make yourself orderly.