Friday, October 10, 2014

Flannagan v. McGrew

Matthew Flannagan said...
I note Steve mentioned me in the first comment, in fact almost everything Lydia says is addressed in Paul and my forthcoming Did God really command Genocide? Which comes out in November. This is under copywrite, so let me brief.

1.Lydia interprets the argument about “hyperbole” to be an argument that the reference to animals, women and children, was hyperbolic and denying any non-combatants were present. But that’s not what we argue, the claim we defend is that references to “all” the inhabitants “killing all that breathed” and “leaving no survivors” is hyperbolic, grossly hyperbolic. I in fact explicitly state in the book that I agree non-combatants were killed. The position we defend comes from from Kenneth Kitchen who states that when the war rhetoric is taken into account, what you have is not total destruction and occupation, but disabling raids where less mobile inhabitants were killed and the “alls” are qualified to exclude those that got away to fortified cities, and Israel immediately return to their camp at Gilgal.

2. Lydia takes the reference to hyperbole to be an attempt to address the charge that God commanded the killing of the innocent. But it’s not. It’s addressing the different charge that God commanded Genocide. The position we take out in the book is that the reference to Genocide is a gross exaggeration based on misreading the text, so that particular charge is unwarranted.

I agree that the lesser, but still serious charge, that God commanded the killing of innocent people is not addressed by these textual issues. Which why in the book I address this second charge a different arguing philosophically that there are conditions under which one can attribute an apparently immoral command to God.

3 Some of Lydia’s arguments she uses against Hess are arguments (such as the appeal to Deuteronomy 20) I myself used against Hess in my review of Copan’s book.

4. Lydia makes some claims which I think are false and which we address directly in our book. Here I’ll focus on two.
(a) she claims in Numbers “Moses, purporting to speak for the Lord (and there is no reason in the text to think that he is not speaking for the Lord) expressly orders the killing of real infant boys, not to mention all non-virgin women.” Actually, Moses in the text does not purport to speak for the lord. The phrase “The LORD said to Moses” which accompanies Moses’s prophetic utterances in the book of Numbers is absent from the command in this text. God did earlier state that they were to “attack the midianites” but the text states the Israelites had carried out what God commanded when they killed only the men. (v 7) .Lydia’s here argument to the contrary is based on the fallacy of arguing that because there is no reason to deny a thesis it follows we can affirm the thesis.

(b) Lydia states “Similarly with the Amalekites in I Samuel 15. Saul is not sent against some named and possibly entirely military location. He is sent to wipe out a group qua group.” Actually, in the text Samuel is sent against a specific location. The NASB brings this out well:
Now go and strike Amalek and utterly destroy all that he has, and do not spare him; but put to death both man and woman, child and infant, ox and sheep, camel and donkey.’”Then Saul summoned the people and numbered them in Telaim, 200,000 foot soldiers and 10,000 men of Judah. 5 Saul came to the city of Amalek and set an ambush in the valley..

Amalek in the text is actually a city or encampment of some sort not a people group.

I have much more to say about both these episodes and in our book. But the point is Lydia’s observation about the text is not actually what the text presents and her critique of Copan’s position, actually does not address the position Paul and I actually defend in our latest book.
Lydia McGrew said...
Matt: When I read Copan's article, to which I link in the main post, it was quite clear to me that Copan _did_ mean to use the hyperbole and other answers to try to respond in some way to God's order to kill the innocent. There are specific phrases to that effect. To be sure, he falls back on endorsing the killing of the boys in Numbers 31, so it doesn't _work_, but he clearly has the idea that he can sort of "whittle away" at all of this by these various responses and make it "not so bad." I think this is a poor approach, but to say it isn't meant to be a response to the claim that God ordered the killing of the innocent *at all* is simply to make an artificial cut between murdering babies and genocide as if the one has little or nothing to do with the other and as if worries about the one are not ipso facto worries about the other and also as if Copan does not give the impression that he is addressing both. Perhaps I will have time later to look up some of the quotations in question, as well as the _universal_ impression among interpreters that this "ancient near eastern phrases" approach has *something* to do with making us feel like God didn't really order the killing of innocents.

As for Amalek, of course the name could refer both a people group and to a place, but the very rationale for killing everything belonging to Amalek is a kind of inherited guilt rationale which does not apply to a single, possibly only military, place. The rationale is anger over the treatment of the children of Israel by the Amalekites long ago. It seems to me intensely strained to take this to be the destruction of a specific place *as opposed to* a people group.

Besides, are you really going back to implying that Samuel did not order the real killing of real innocents? Is this the "hyperbole" response all over again, bolstered by a baseless conjecture that "Amalek" was a military fort containing no innocents? But I thought you just said that wasn't what the "hyperbole" and "ancient near eastern text" argument was meant to address!

As for whether Moses attributes his orders in Numbers 31 to God, I would argue that Moses was tacitly invoking his authority as God-ordained ruler by his giving a religious rationale for the killings. Notice that it is the same as in Deuteronomy 20--namely, that if they don't do this killing, they will be led astray. I have acknowledged in the comments here and elsewhere that one can _try_ to squirrel out of it by saying that Moses just got this wrong, but it seems to me highly implausible that he was not giving the people the _impression_ that he had religious, God-given authority to order them to do this on religious grounds.
Lydia McGrew said...
For example, Copan starts his wrap-up of the on-line version like this:

"What if the brief sketch above turns out not to be correct in that Israel also targeted noncombatants? We should remember that the non-Sunday School response above takes a good deal of the sting out of the Canaanite problem. But let us pursue the question of noncombatants being targeted as well."

Okay, first of all, the first sentence implies that the brief sketch above is saying that Israel *did not target non-combatants.* This is clear from his saying that, if the sketch above is _incorrect_, then Israel _did_ target non-combatants. This does not fit with a claim that his "hyperbole" claim is *solely* about total genocide and not about the targeting of non-combatants short of total genocide.

Second, he claims that somehow what he has said "takes a good deal of the sting out of the Canaanite problem." This is a vague statement that implies that somehow we should feel better if _fewer_ Canaanite innocents were targeted or something to that effect--in other words, that somehow one can "whittle down" the problem by means of things like the "hyperbole" claim.

Then there is this paragraph:

"This stereotypical ancient Near East language of “all” people describes attacks on what turn out to be military forts or garrisons containing combatants — not a general population that includes women and children. We have no archaeological evidence of civilian populations at Jericho or Ai (6:21; 8:25).8 The word “city [‘ir]” during this time in Canaan was where the (military) king, the army, and the priesthood resided. So for Joshua, mentioning “women” and “young and old” turns out to be stock ancient Near East language that he could have used even if “women” and “young and old” were not living there. The language of “all” (“men and women”) at Jericho and Ai is a “stereotypical expression for the destruction of all human life in the fort, presumably composed entirely of combatants.”9 The text does not require that “women” and “young and old” must have been in these cities — and this same situation could apply to Saul’s battling against the Amalekites."

Here Copan clearly implies that these places "turned out" to be military forts--this strong conclusion is *not* supportable, as I argue above--and uses the "stock phrases" claim to argue that it looks like plausibly *no* non-combatants were killed in these locations. This is a really poor argument, as I argue above in the main post. Moreover, the whole _point_ of Copan's making this argument is (as he says at the end) to "take the sting out of the problem" by implying that Joshua and his armies didn't kill any non-combatants in these passages, because they were military forts and non were living there! So obviously, the problem in question is supposed to be killing non-combatants! This goes beyond merely arguing that _total_ genocide did not take place.
Lydia McGrew said...
The entire "ancient near eastern stock phrase" argument is rather extraneous if one is *solely* arguing against total genocide and not addressing the killing of non-combatants per se. In the former case, it would be fairly easy to say that they *did* kill young and old, men and women, but simply that they didn't kill *all* of them. But on the contrary, the whole point of the "stock phrase" argument, together with the (unjustified) implication that these were military forts with no non-combatants, is to imply that such phrases could mean that *no* non-combatants were killed. The very structure of the argument is addressed to concerns about killing non-combatants per se.
Matthew Flannagan said...
Lydia
Matt: When I read Copan's article, to which I link in the main post, it was quite clear to me that Copan _did_ mean to use the hyperbole and other answers to try to respond in some way to God's order to kill the innocent. 

The phrase “hyperbole and other answers tends to reinforce my point. In Paul’s article, he offers several lines of argument. One is an appeal to hyperbole, and another is an appeal to Hess’s work about forts and stock phrases. These distinct lines of argument . Hess’s argument that the cities were forts, could be correct and the language of all being killed could be literal. Similarly, the language of killing everyone leaving no survivors, could be hyperbolic and the targets not forts.

My point is that in the book Copan and I wrote on the topic this year we develop the first line of argument ( the appeal to hyperbole) in much more depth. The appeal to Hess plays almost no role at all in our argument. Moreover, we explicitly state the appeal to hyperbole does not show that no non- combatants were killed.
The dialectic is this: some skeptics claim argue as follows: (a)the bible tells us that Genocide is permissible. That it commands us to engage in genocidal slaughter of unbelievers. And (b) it’s wrong to for us to engage in genocidal slaughter. The response is twofold,
re (a) we point out that the picture they paint of scripture is inaccurate, the text does not present a command for us today, or a (present tense) permission of Genocide. It narrates an episode where God in the past granted an exception to the normal rules that govern warfare ( which require non-combatant immunity) for a particular context within salvation history. Moreover, the picture of genocidal slaughter they paint is inaccurate fails to understand the language is highly hyperbolic and is actually talking about small scale disabling raids on various centres using standard ANE rhetoric.
This refutes (a) and makes (b) superfluous. However it does enable the moral problem to be recast in terms of an objection to the more limited claim: that God could on a specific historical occasion grant an exception to the principle of non-combatant immunity, and the rest of the book addresses this objection without appeal to hyperbole. This appears contrary to our moral beliefs. We then address this different objection another way.

but to say it isn't meant to be a response to the claim that God ordered the killing of the innocent *at all* is simply to make an artificial cut between murdering babies and genocide as if the one has little or nothing to do with the other and as if worries about the one are not ipso facto worries about the other

I don’t think it’s an artificial cut, suppose a person engages in a home invasion and kills a women and child, would any government anywhere in the world insist they go to the Haque and face charges for genocide and crimes against humanity? No, almost every jurisdiction in the world would consider that an over the top extreme and unjustified response. Why ? because genocideis not the same as killing the innocent.
If I have evidence which, on the face of it suggests, my neighbor killed his wife for the money. I don’t get a right to testify in court that he killed five people out of racial hatred. No court I know of would exonerate perjury of this sort by noting that, because both accusations involve killing, it’s all artificial and doesn’t matter, and we can proceed to charge the women with the racially motivated murder of five people.

If skeptics exaggerate and distort the facts they should be called on it, not given a free pass because there is some other more sensible objection that they could raise but they don’t. Of course we do need to address those other objections as best we can, but this doesn’t mean the original objection stands.
Matthew Flannagan said...
As for whether Moses attributes his orders in Numbers 31 to God, I would argue that Moses was tacitly invoking his authority as God-ordained ruler by his giving a religious rationale for the killings.

The claim that Moses ordered it as a God ordained ruler, is very different to saying he commanded it in his role of prophet. According to Romans 13, all civil rulers have authority as God ordained rulers, including Nero Caesar yet civil rulers are fallible and prone to error. No one would say that because Nero was the god ordained ruler of Rome, it followed that God ordered Seneca to kill himself in 65 AD . If the claim is that God ordered these killings you need more than to say Moses made the command as an ordained ruler, you need to see him as uttering a prophetic utterance in his office as prophet. The text does not however say that.

Also Moses doesn’t give the religious rationale that God commanded it, nor does he give the rationale that they will be led astray, he gives the simple rationale that the women in question enticed the Israelite men to violate the vassal treaty they had made with Yahweh ( which constitutes treason) no reason is given in the text why the children were killed.

As for Amalek, of course the name could refer both a people group and to a place, but the very rationale for killing everything belonging to Amalek is a kind of inherited guilt rationale which does not apply to a single, possibly only military, place. The rationale is anger over the treatment of the children of Israel by the Amalekites long ago. It seems to me intensely strained to take this to be the destruction of a specific place *as opposed to* a people group.

It’s not strained it’s what the text actually says:
“I will punish Amalek for what he did to Israel, how he set himself against him on the way while he was coming up from Egypt. 3 Now go and strike Amalek and utterly destroy all that he has, and do not spare him; but put to death both man and woman, child and infant, ox and sheep, camel and donkey.’” 4 Then Saul summoned the people and numbered them in Telaim, 200,000 foot soldiers and 10,000 men of Judah. 5 Saul came to the city of Amalek and set an ambush in the valley.”
The word “Amalek” in v 2 is identified in v 5, as a city, by a valley, the reference to an ambush suggests a single location from which the attack on this city occurred. Just prior to the battle Saul asks the Kenites to depart from amongst the Amalekites suggesting Kenites were close to the likely theatre of battle, not that they were mixed amougst the Amalekite people all over the region. All indicators in the text then suggest Amalek is being used to refer to a particular encampment of some sort.

Besides, are you really going back to implying that Samuel did not order the real killing of real innocents? Is this the "hyperbole" response all over again, bolstered by a baseless conjecture that "Amalek" was a military fort containing no innocents? But I thought you just said that wasn't what the "hyperbole" and "ancient near eastern text" argument was meant to address!

Pointing out that Amalek, in 1 Samuel 15 is a city or encampment and not an entire ethnic group is not the same as claiming it’s a fort and does not contain non-combatants. I think Auckland is a city not an entire people group does that mean I think Auckland is a fort and contains no civilians?? That clearly doesn’t follow.

Moreover, even if that was what I said, that’s not the “hyperbole” response. The hyperbole response is the claim that the language of destroying all people is rhetorical exaggeration. The claim that a particular center is a fort is a claim about literal history, it makes no reference to hyperbole at all.

Hess's argument is a distinct argument from the appeal to hyperbole one.
Lydia McGrew said...
Okay, Matt, perhaps I should clarify. I have used the phrase "hyperbole" in some cases as an umbrella term to refer both to the idea that these phrases referred to a _larger group_ than were in fact killed and to the idea that these phrases referred to _types of people_ who were not in fact killed and who were not envisaged to be killed. Thus I think I've sometimes said "hyperbole or stock phrases" or something like that. I'm afraid this is now causing some confusion, and I apologize for any confusion.

I am _not_ concerned chiefly with strict genocide but rather with _murder_. I think that what you are saying here supports my case that some believe that Copan's overall argument can do more than it can do--that is, that it can resolve our concerns that God commanded what seems like murder. Already in the on-line version of Copan's argument (which I do consider fair game),his capitulation on Numbers 31 shows that that is not the case. If he later merely hammers on the argument that God didn't command literal genocide, that shows even more strongly that he isn't really saying that he's resolved the murder conundrum in a way that dissolves it and that doesn't require falling back on more "traditional" responses.

This should show how my argument applies to Amalek. Your concern is there with God's not literally having them wipe out the entire people group. Therefore, when I used the "people group" phrase as an argument that Samuel really was commanding the killing of innocents, your concern was to show that instead Samuel was commanding killing everyone in a city, not to show that Samuel was commanding killing an entire people group.

I still tend to disagree with you there, because of the rationale based (as the quotation of the passage shows) on the behavior of the ancestors of the Amalekites. But since my concern is with murder by killing innocents, my point is served merely by pointing out that the entire language of the passage suggests going after a large group indiscriminately (you say, a large group in a city) rather than narrowly targeting a military fort.
Lydia McGrew said...
On Numbers 31, by a God-ordained ruler, of course I mean something much stronger than the Romans 13 sense. By "led astray," I mean to refer _precisely_ to the story that Moses tells about the women leading the men into sexual sin. Copan appears to agree with this as well, as I recall. He implies that these women were some kind of specially trained "sexual warriors" all set up to try to get the men to commit idolatry. You're quite right that that doesn't even address the issue of the baby boys. But I was bringing up the rationale only to point out that Moses was invoking the idea that they should listen to him as the "regent of God," not to say that he clearly made a _case_ for killing the baby boys. Of course, I think the whole thing is appalling anyway, so it doesn't surprise me that he doesn't even try to give an argument for killing the baby boys.
Matthew Flannagan said...
Lydia
Ok, I think that clarifies things, regarding the exegetical issues.

The issue seems then to be over seriousness the question of Genocide vs Murder and how that relates to the problem.

I guess this brings me to the other objection I have to your post. You state: “Prima facie, this is in direct conflict with the commandment to do no murder. Any attempt to answer the problem by saying that original sin means that no one is really innocent proves far too much, for it removes the rationale for regarding the killing of infants generally as murder.”

I agree with the point about original sin, and get frustrated trying to explain this to some over-zealous Christians who dismiss the problem. However, I am not sure that the problem with the text is simply that the command is in prima facie incompatible with the command against murder. All that would be needed to resolve this problem would be to claim that the prohibition against murder in scripture is, strictly speaking, not an exceptionless absolute prohibition. But rather holds unless God commands otherwise.

But we already accepted something like this with the sixth commandment anyway, the commandment literally states something like “do not man slay” and most Christians accept that this does not rule out things like killing in self defence, or capital punishment, or just wars, precisely because other commandments in scripture suggest these things are permissible and hence qualify or grant justified exceptions to the rules.

Similarly there are various passages in scripture which suggest its wrong to lie, yet passages about the Hebrew midwives suggests to many orthodox commentators that the command to not lie is not an absolute. In both cases people follow the interpretative point that if a general prohibition occurs in a text and latter a specific permission is mentioned in the same text, the general probably lays down the general rule to which the specific case is an exception. This is normal in legal interpretation.

I am inclined to think the moral problem is whether its possible for God to command otherwise in the first place. We want to claim that God is good, that he has various character traits such as being loving and just. The problem is that, one can't attribute these traits to God and also contend he can command just anything at all. A good God would never command us to do what is morally wrong. And unless we are moral skeptics, we have to accept that we have a reasonably accurate (though fallible) grasp of what it is right and wrong for us to do. Consequently, any command attributed to God can’t disagree too violently with our intuitions about is right and wrong.

Now, Consider the following two claims:

[1] Genocide is morally permissible

[2] While killing non-combatants is almost always wrong there are rare circumstances in which it can permissible.

It seems to me that the appeal to hyperbole (in my sense) changes the problem from having a theological position that contradicts [1] to having a theological position that contradicts [2]

Moreover, I am inclined to think that a theology that entails [2] is significantly more plausible than one that entails [1]. To deny [2] all you have to do is deny a strict absolutism with the prohibition against homicide, to a position where it is an extremely strong prima facie presumption that is almost never overridden. That I think doesn’t do a huge amount of violence to our pre-theoretical moral intuitions, in fact most ethical theories skeptics would countenance today would probably have a far less strict position than that. Whereas the claim Genocide is permissible does violently contradict our pre-theoretical moral intuitions.

Of course this doesn't address everything. But I think it goes some way to resolving the concerns about consistency.
Lydia McGrew said...
I think we need to make a couple of distinctions. First, between killing a non-combatant (such as a woman or man who is a civilian)and killing an undeniable innocent, such as an infant or young child. Second, between killing as collateral damage and deliberately killing--e.g., putting to the sword.

Now, you're certainly right that most moral skeptics have a significantly less strict view than that deliberately killing babies is always morally wrong. Many of them are, for example, pro-choice on abortion. But my concern in all of this has _never_ been merely to answer some non-Christian skeptic, where a tu quoque will do or where I can appeal to his own non-absolutism in moral matters. My concern has always been strictly with what is true, and my own work in the pro-life movement and thoughts about the natural law have led me to believe that it _is_ an exceptionless rule that we must never deliberately target and kill an innocent. Cutting off babies' heads or running them through with the sword is a paradigmatically intrinsically wrong act. The skeptic who doesn't believe this is the sort of person I've been arguing with for twenty-five years, starting with the abortion issue and moving out from there to "Wouldn't you kill a four-year-old to save the world?" and other such scenarios.

As far as killing adult non-combatants, I find it just barely possible to imagine a situation in which one could be epistemically justified in believing that an adult non-combatant had nevertheless done something so bad as to deserve the death penalty and that you were supposed to be the one (or group) to carry it out. This is my hat-tip to "the Canaanites were so bad, and the Israelites were the chosen tool of God's judgement." Fine, I say, let's grant as much rope as possible to the biblical account and God's right to do things differently sometimes, but not the little ones who didn't know what any of it was about. If murder _isn't_ always instantiated by killing infants, then the command to do no murder becomes a sort of joke.

I just disagree about how much worse genocide is. I think that intuition is a result of modern race-consciousness and group consciousness. The problem with genocide is simply that it is murder on a grand scale, not especially that you kill or try to kill every member of a people group. If some mass murderer said, "Ah, but I deliberately left alive two hundred males and two hundred females of that people group who could interbreed so as not to commit genocide" after deliberately slaughtering men, women, and children, it wouldn't be cause for heaving a sigh of relief. In the movie _The Last of the Mohicans_ the Indian chief gives a ruling that one daughter of the British colonel is to be burned at the stake for revenge but that the other daughter is to be kept alive "so that his seed won't die out." This is supposed to be a bizarre and cold-blooded murder, not praiseworthy because they are worrying about whether they are committing micro-genocide against the "seed" of the British colonel.
Lydia McGrew said...
By the way, if Paul Copan thinks Hess is _wrong_, he should come out and say so. In fact, he should either take the earlier article down or put a prominent UPDATE on it if he has changed his mind about the import of "ancient near eastern stock phrases." Until and unless he does that, the article is fair game. Articles don't just sort of magically cease to be relevant for discussion after a couple of years, as if they have a sell-by date on them, unless the article clearly changes his mind. And this isn't a very long time ago, either, though I suppose in the Internet we now have an exaggerated sense of what counts as a long time ago. Copan was quite willing to make use of Hess, and he writes as if Hess has made his case convincingly. If he doesn't think that anymore, he should make that clear. Until that point, there are undeniably people who still think that Copan/Hess have shown that these "turn out to have been" military forts and that phrases like "men and women, old and young," or "men, women and children" don't really mean to include women and children! If Copan is repudiating that, then that's probably good from a scholarly point of view, but it would be better if he said so explicitly rather than hoping people would just forget about material of his that is still readily available.
Lydia McGrew said...
Does Paul Copan no longer believe that these "turn out to have been" specific military forts at which no civilians were slaughtered? That would come as a surprise to many, I suspect. When I was preparing to write this post, I at first was going to focus on the hyperbole-genocide angle. I was told by someone I respect that I was *not* investigating and answering Copan's position sufficiently unless I tackled the claim that these were specific military forts and that "ancient near eastern stock phrases" can explain away the references to women and children.

So it's rather frustrating to have addressed that and then to be told that I shouldn't be bothering with it because his most *recent* book doesn't happen to emphasize those claims! Believe me, there is still a very real perception that these claims are an important part of his position.



1 comment:

  1. I'm surprised that thread is still going, and I was glad to see Matt's interaction with Lydia. I'm still struck by Lydia's dismissive attitude towards inerrancy, as if jettisoning it in favor of retaining her moral intuitions based on natural law is a reasonable tradeoff. For an otherwise clear thinker Lydia doesn't seem to have reflected carefully enough on this particular subject.

    It seems to provide a strong presumption that her ultimate authority is self.

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