I'm going to have to explain that blog title, I reckon, as the word 'bish', other than as an abbreviation for 'bishop', is not going to be common usage for a lot of people. When I was a school-kid, a 'bish' was one slang word for a mistake, an error, a foul-up.
Debate is raging on, today, about whether Dr Rowan Williams' comments about faith-based legal systems were a huge bish, a well-intentioned but misguided intervention, or the well thought out, pragmatic position of a highly intelligent thinker, which is simply exciting a lot of knee-jerk ranting from sensationalist journalists and publicity-hungry minority interests.
Here's a link to a transcript, not of the formal speech itself, which I haven't found online yet, but to an interview the Arch-bish...op (let's grant him the benefit of the doubt for the time being) gave to Radio 4 beforehand.
To my mind, when you strip away all the Sharia references which have proved so inflammatory, the bones of the argument you're left with appear to be these:
- there's a problem with social cohesion in Britain today, a lot of which can be ascribed to widely-differing cultural conventions;
- those conventions create a particular conflict where, for instance, religious or ethical principles appear to be at odds with the legal system, or appear not to be reflected in the legal system at all. He refers to this as "the stark alternatives of cultural loyalty or state loyalty";
- the social cohesion problem could therefore, at least in part, be addressed by making it possible for the general legal system to encompass a range of culturally-sensitive options.
When it's boiled down to those terms, the position appears relatively non-divisive, as one would expect from Dr Williams. However, it does raise two immediate issues: first, is it a good idea to change the legal system in the specific ways he suggests, and second, if those changes were implemented, would they be likely to produce the beneficial effect claimed on the problem of social cohesion.
To take the second issue first... I think that's a decidedly dodgy claim. Is it really the case that the major grievance supposedly alienated communities have with British society is that of incompatibility between their religiously-derived ethical principles and the country's established legal system? Or are there other factors, such as social or economic exclusion, or a conviction that they have a poorly-heard democratic voice, which are more present and more pressing on a daily basis? Nor did I see any examination of the plausible counter-claim - that establishing independent legal systems within the nation-state might actually hinder social cohesion by reducing integration/assimilation.
It's the first question, though, which exercises me more the more I think about it. In favour of a more diverse legal system, the example is cited of the Beth Din: English law already allows for disputing parties to agree to binding arbitration by a third party in civil cases, and some civil disputes in the Orthodox Jewish community have for some time been resolved purely through this process. However, I noted that some commenters referred to the disputing parties "contracting" to use such a tribunal. There's also a well-established legal principle in the UK that a contract is not legally enforceable if it infringes the statutory rights of one or other or the parties. (To give an exaggerated example - I cannot legally contract with you to take my life, because I have a statutory entitlement not to be killed....).
So here's a first point of tension between what Dr Williams advocates and the way the legal system operates currently. What would be the status of arbitration through a mutually-agreed tribunal, if that arbitration process violated the statutory rights of one or other of the parties in dispute. Note the implication, in the law as it stands, that both parties mutually and freely consent to arbitration by the third party. It is ironic, of course, that the Archbishop is proposing this in the hope of strengthening social cohesion, when a clearly foreseeable risk is that one or other party will be under great (and sometimes mortal) pressure to agree to 'religious' arbitration rather than take the dispute 'outside the community'.
A second point of tension is illustrated by another example of 'sub-judicial' dispute resolution, if I can use that shorthand: an unofficial Somali court ('gar') in London apparently convened and ruled on a case of stabbing. The court gathered the suspects (who had been released on police bail), witnesses and families, the accused admitted their guilt, and compensation was agreed. Now, on the one hand, when that works, it sounds fine. If something were to go wrong, however, it would be hard to distinguish between this and a vigilante 'kangaroo court'. As with the previous concern, the risk of inappropriate 'social
pressure' being brought to bear on the parties involved cannot be
ignored.
And there's nothing in Dr Williams' remarks (that I have seen) which suggests how a sub-judicial court gets, as it were, accredited. The idea of, say, a National Front tribunal ruling on misdemeanours in its community is quite repugnant.
The English legal system very carefully separates the activities of the police, the lawyers, the judges, the law-makers and so on. It also carefully defines the conditions which distinguish a serving jury member from any other citizen, and it does so for reasons which have made social sense for a long time. That's not to say that they should not be re-examined as social conditions change - in fact, what we have now has been the result of change. Otherwise we'd still have hue-and-cry, trial by ordeal, witch-dunking and the pillory. But that might make it all the more important that we think very hard before making fundamental changes to a system which has grown, intertwined, with the society in which it operates.
There's no shortage of groups who have seized on Dr Williams' remarks as inflammatory, offensive or otherwise wrong-headed, but I haven't seen a flame yet on behalf of the devout secularist. So, on behalf of that under-represented community, here goes... the remark which I found most personally offensive came at the end of the interview:
"What we don't want [is] a stand-off where the law [...] squares up to religious consciences over something like abortion or indeed by forcing a vote on some aspects of the Human Fertilisation and Embryology Bill in the Commons - as it were a secular discourse saying 'we have no room for conscientious objections'"
If the Archbishop's starting point really is that there is no such thing as a secular conscientious objection, then perhaps I was wrong... maybe this isn't a well-thought-out pragmatic intellectual position, just special pleading on the part of someone who claims the moral high ground by excluding anyone whose ethics are not based on religious faith.
Posted by racingsnake
@ 06:30 PM GMT+00:00
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Here are a couple of pics from last Saturday's training session; a tough 12 miles including the 400-yard, unlit Bruce Tunnel. Here's what it looks like, staring into the mouth of a 400-yard unlit brick tube:

and the notorious Crofton Flight - a 3/4 miles series of locks where hopping in and out of the canal just doesn't make sense. The only answer is to pick up that kayak and run. And run. And at the end of it, there was still another 6 1/2 miles to paddle...

In the background you can see Owen Peake, who has been helping the crews with some technical coaching.
A true DW veteran, Owen completed the 125 miles in 1998 in 16h 34m 53s, and even that was only enough to get third place; 1998's top three finishers still stand as the fastest official times for the junior pairs class.. However, there's also Owen's unofficial time from the 2000 race (which was called off before the finish, because of potentially hazardous river conditions). Taking responsibility for their own competence and safety, Owen and his partner reached Westminster in an astounding 14h 35m 56s - an average pace ofover 8 1/2 miles an hour.
Posted by racingsnake
@ 12:36 PM GMT+00:00