Dean's World

Defending the liberal tradition in history, science, and philosophy.

Interpreting A Complex Text

I am increasingly bemused by the number of people I meet who seem to think that the text of any document, especially one long and complex, can be easily interpreted. I find this to be true of laws, of the US Constitution, of the Bible, of the Koran, or of anything else: do people really think anything so complex and with such a rich history can be read in a straightforward and indisputable fashion?

This article on judicial interpretation got me thinking on that. Some people seem to think that the way to interpret various complex documents is "obvious." Such people increasingly astonish me.

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John_B (mail) (www):
'Wishful thinking' astonishes you?

I'm astonished!

People have a tendency to pay far more attention to the film running in their heads than the reality in front of their noses. It's just so much easier to ignore facts that don't fit the script than to have to rewrite that script.
12.17.2007 2:04pm
DanielH:
If you wish, click on this link, and scroll down a bit to read from Judge Posner's "What Am I? A Potted Plant?" and "Bork and Beethoven". He makes some interesting points on originalism, including:

Even the decision to read the Constitution narrowly, and thereby to "restrain" judicial interpretation, is not a decision that can be read directly from the text. The Constitution does not say, "Read me broadly," or, "Read me narrowly." The decision to do one or the other must be made as a matter of political theory and will depend on such things as one's view of the springs of judicial legitimacy and the relative competence of courts and legislatures in dealing with particular types of issue.
12.17.2007 2:17pm
Dave Justus (mail) (www):
The Constitution isn't really all that long, particularly in comparison to the religious texts mentioned.
12.17.2007 2:20pm
Kevin D (mail) (www):
And to build on Mr. Justus' comment:

The Bible wasn't meant to be complicated. It was meant to be understandable by the common man.

It was the gnostic heresies that tried to move the Bible into the realm of the elect. As something that could only be properly understood by the learned.

Something the Catholic Church does to this day.

Recall Yeshua rejected the learned of His time and, instead, took His Word to the common people and relied upon the common people to spread His message.

The Bible is complicated for those that wish to make is say things it does not.
12.17.2007 3:07pm
Thomas Emery:
What?!?!? When its many its books were written, the vast majority of the populace was illiterate. And, its books are written in no less than three different languages that I can remember (Hebrew, Greek, and Aramaic). How many "common men" could read that, especially in an era when most common men were illiterate?

I don't even know where to begin with the Catholic bashing comment.

You're a weird dude, Kevin.
12.17.2007 3:39pm
DanielH:
By the way, this point is addressed directly in the Qur'an (3:7, trans. M. Asad):

He it is who has bestowed upon thee from on high this divine writ, containing messages that are clear in and by themselves - and these are the essence of the divine writ - as well as others that are allegorical. Now those whose hearts are given to swerving from the truth go after that part of the divine writ which has been expressed in allegory, seeking out [what is bound to create] confusion, and seeking [to arrive at] its final meaning [in an arbitrary manner]; but none save God knows its final meaning. Hence, those who are deeply rooted in knowledge say:

"We believe in it; the whole [of the divine writ] is from our Sustainer" - albeit none takes this to heart save those who are endowed with insight.
12.17.2007 4:02pm
Dean Esmay:
The Constitution isn't particularly long but it's not particularly short either, and debates on its interpretation started the moment the first Congress and President were sworn in. See arguments over "strict constructionism" vs. "implied powers," which the very first debates started with.

As for Kevin's comment: somewhat in his defense, the Septuagint and the Vulgate were both produced by the early Church to help make the books of the Bible more accessible to the common man. At least, those few who could read could at least read aloud from them to the vast majority of people who couldn't read.

But even then, most people still couldn't read, and having a complete copy of the scriptures that you could read from would have cost the equivalent of tens of thousands of dollars in today's terms. Until Gutenberg came along, it took over a year just to produce one whole copy. Not to mention the cost of materials before they invented paper.

But here's a news flash: it was the Catholic Church that produced the canon and the scriptures, and preserved it for over a thousand years before there was any printing press. Kevin wouldn't have a Bible to bash Catholics with if it weren't for the Catholic Church.

Also, the Church has no hidden teachings. Rather, it goes out of its way to make copies of the Bible and the Catechism widely available and cheap (including free on the internet in multiple translations), and to have regular classes and public talks and magazines and books to help educate the common man that it doesn't charge a dime for. It was also that same church that fought off the Gnostics--there was no other church at the time.

If Kevin would like to learn some time about the Catholic faith and where it comes from and what it teaches, he can ask and I'll be happy to give him sources he can consult, or to talk to him myself. But as the old saying goes, it's not the lies so much that are a problem, it's what people 'know' that just ain't so.

Anyway, anyone who thinks the Bible is utterly straightforward and easy to understand can just look at all the fundamentalist Christians who wildly disagree with each other (not to even go into the Catholic/Protestant divide) to know that that's just a silly thing to say.
12.17.2007 4:39pm
Dean Esmay:
Daniel: I have a somewhat easier time understanding Koranic Fundamentalists, inasmuch as at least the Koran is written all in one language (as opposed to multiple languages like the Bible was written in, as has been mentioned), is rather short compared to the Bible, and all comes from one author (we'll argue over whether that was God or just Muhammed some other time, at least we can agree it was one single source). And, it was originally spread as poetry and repeated orally, so it was preserved by the common man. So in that sense, I can see that a "fundamentalist" interpretation is easier. Although the verse you quote even still renders "fundamentalist" thinking kinda moot.

It says something about someone's character that they think long and complicated documents are as simple and straightforward as shopping lists.
12.17.2007 4:44pm
Dean Esmay:
Daniel: it also occurs to me that "Muslim fundamentalism" may also be easier to sustain since Muslims have traditionally shied away from making translations and have always emphasized reading it in the original Arabic if you want to have real expertise in it. Thus Christians will put together huge committees that take years and years and years to produce just one translation, after much prayer and discussion and debate, and still wind up with Bibles that not all their fellow Christians will accept.

The early Christians understood the perils of translation, which is why the early Church settled on two "official" translations--the Vulgate and the Septuagint--and stayed with that. Otherwise they'd have to teach their people to read three different languages. Not to mention all the other difficulties.

Muslims kinda short-circuit the whole translation issue by saying, "look, if you really want to understand it, either learn classic Arabic or talk to someone you trust who knows it." Which doesn't settle all the arguments between Muslims (ha! like that's even possible) but surely must cut down on a lot of that. Just watching Christians squabble over scripture must be a bit amusing by comparison.

(None of this is endorsement of the Koran, merely an observation.)
12.17.2007 5:00pm
Dishman (mail):
It seems to me that the squabbling is a feature, not a bug. That is, because Christians are so diverse and fractured, we are in some regards protected against a return to the terrors and abuses of the Holy Roman Empire.

Then again, I deny being Discordian.
12.17.2007 5:22pm
Dean Esmay:
That only works in societies that enshrine freedom of speech and religion. Christians were executing heretics and infidels for a long, long time before belief in free speech, free press, and freedom of religion were widely accepted. And despite what you might have been told, it certainly was not merely Catholics guilty of executing and tormenting heretics and infidels.

The Reformation was a centuries-long, extremely bloody affair. Although I never cease to be amazed at so-called Christians who accuse me of "attacking Christianity" when I point out simple facts like this.
12.17.2007 5:32pm
RyanR (www):
To my mind, xenophobia is not a religious problem, it's a human problem. Religion or political theory is just a rationalization for an instinctive behavior.

Ryan
12.17.2007 5:40pm
Dishman (mail):
Dean,

I offer that it relates in part to the number of sects. That is, during the Thirty Years War there were only really two sects contesting, with a handful of minor sects (sound familiar?). People could spend years without encountering someone of another sect except in battle. My understanding is that The Last Valley does a fair job of capturing that period.

The US today has something like 20,000 Christian sects. Only the most insular and xenophobic sects manage to avoid outside contact. The vast majority are constantly exposed to and must somehow get along with people of different sects.
12.17.2007 6:37pm
CaliforniaJOSH:

The US today has something like 20,000 Christian sects.

Well then! I now is a good time for me to announce that I am a prophet, and God himself has spoken to me. He has told me that he doesn't exist, and has commanded me to spread the word.

Our new denomination is to be known as Christian Atheism. We will uphold most Christian values and the separation of church and state. We accept evolution and human nature, and we value logic and history.

We will not hold ourselves to be morally superior, but instead we will recognize that everybody else is inferior.
12.17.2007 8:01pm
naftali (mail):
An interesting article.

I don't know: the 'originalist' approach seems most sound; 'the living constitution' most specious.

The justification for the 'Living constitution' is deep--How could you otherwise defend the indefensible--"... some would support the doctrine of the "living Constitution" with an assertion that the original framers could not come to a consensus about how to interpret the Constitution -- or that, indeed, they never intended any fixed method of interpretation. This would then leave future generations free to reexamine for themselves how to interpret the Constitution.

You think they might have left a note to that effect, no?
12.17.2007 8:12pm
John_B (mail) (www):
Josh: Knock yourself out! There's no one between you and your TV ministry except your conscience!

Dean: What you say about the Quran would be right if your factual assertion were true. The Quran--to the dismay of many--is not actually in 'Arabic' as it was understood in the 7th C. Analysis has found that it contains vocabulary and syntax of up to 11 languages. Among these are Amharic, Aramaic, Greek, Latin, Persian, and lesser languages.

This is why there are verses in the Quran that simply don't make sense without tortuous exegesis. The exegetes try to make foreign words and grammar 'fit' into classical Arabic. In fact, there are some words that appear only in the Quran and once only. Grammarians try to find a way to link those words with other roots, but the labor of that work is usually pretty obvious. Some parts of the Quran, notably the chapters beginning with a few stand-alone letters remain a complete mystery.
12.17.2007 9:12pm
John_B (mail) (www):
Forgot to add a link!
12.17.2007 9:15pm
John_B (mail) (www):
This link to a Wiki piece might be better.
12.17.2007 9:18pm
DanielH:
John,

I've read of Luxenberg's work before, but I haven't read it as of yet. However, it seems like a stretch to consider it a fact as opposed to an interesting theory. Anyway, English has words from German, Latin, French, Greek, and even Arabic, but it's still one language.

Maybe Jibreel was a polylingual snob.
12.17.2007 9:39pm
naftali (mail):
John you need to ask knowledgeable, devout Muslims about that. (Maybe you already have). The expense of writing books back then insured that very few would be written. And of those written many if not most were lost. thus most of the linguistic record is oral, and oral linguistic traditions tend to lose and gain words with the passing in time. lots of them.

Therefore a word showing up only in that book means nothing in and of itself.

Further, given the nomadic nature of the people and there proclivity for traveling trading, that the language in any given islamic book shows major links to other languages is not dispositive.

Most importantly, there is little need for speculation on the point. All we would need to do
is to see how Islamic scholars treated the language of the text in the years shortly following the Koran's publication, and in the years following those etc...

Those scholars would be in position to know, and
I would take their view as definitive, unless i were to assume them to be liars or fools. Which i don't.
12.17.2007 9:50pm
Mike (mail):
With respect to the US Constitution, Article I gives Congress the power to declare war. And from the beginning there have been arguments about what that means. The court decisions have favored the interpretation that Congress does not need to declare a formal war to authorize the US military to be used in a 'less than perfect war' against an enemy.

Letters of Marque and Reprisal were issued in the undeclared naval war with France (The XYZ Affair) yet Congress did not declare war. The court found that within Congress' powers as 'less than full war' was a common means for states to combat one another.

This is the way things are when imperfect men have to decide what can or cannot be done.
12.17.2007 10:43pm
John_B (mail) (www):
Neftali: You point out, inadvertently, one of the major problems. While the Quran was compiled within 25 years of the Prophets death, the exegetes who wrote the hadith didn't get into the story until sometimes 200+ years later. There was no one left to determine the contemporaneous meaning of words that may have been in the Quraishi dialect of the then still-young and unformalized language known as Arabic.

Are you familiar with this article from the 1999 Atlantic magazine: What Is the Koran?

Your suggestion about consulting Islamic scholars is problematic, and perhaps idealistic, if you mean Muslim Islamic scholars. They are under great pressure to avoid deep criticism of the book. One recent attempt resulted in the Egyptian scholar's being deemed an apostate by Al-Azhar and told that his marriage must end. He and his wife fled to France.

Most others simply are not going to question what is considered the true, authentic, irrefutable word of God. Call it avoidance of blasphemy or avoidance of the appearance of blasphemy, no deep critical research of the Quran is going on in any Islamic nation at the present time.
12.17.2007 11:05pm
naftali (mail):
I'll look at the article, Thank You.
12.17.2007 11:34pm
DanielH:
John,

I understand how a new understanding of the Qur'an could challenge traditional understandings of Islam, but why would it necessarily be a threat to Islam itself? Just because it was (perhaps) written in a more composite language than early thought doesn't really make it any more or less likely to have been revealed by an angel, does it?
12.18.2007 8:46am
Dean Esmay:
Dishman: Well that's a good point.

John: I don't refute any of that, really, except that textual criticism of the Koran _does_ occur. Not as often as it should, but then, the Islamic world is still emerging into the modern era, and has a lot of things to overcome that have little or nothing to do with the religion, which ultimately is firjly rooted in the Judeo-Christian tradition. Or so I see it, anyway.
12.18.2007 9:29am
P Mike (mail):
The problem with a "living" Constitution is that it was constructed with a defined method to change itself to accomodate whatever emerging needs occur. If it is necessary to include some common sense restrictions like "fire in a crowded theatre," then change it, don't make an interpretation from the bench.
12.18.2007 10:04am
DanielH:
P Mike said:

The problem with a "living" Constitution is that it was constructed with a defined method to change itself to accomodate whatever emerging needs occur.

I think Posner has been good at criticizing muddled views of the law on both the Left and Right, including the originalists, so I'll quote him again:

The idea of the Constitution as a binding contract is an incomplete theory of political legitimacy, not an erroneous one. A contract induces reliance that can make a strong claim for protection; it also frees people from having continually to reexamine and revise the terms of the relationship. These values are independent of whether the original contracting parties are still alive. But a long-term contract is bound eventually to require, if not formal modification (which in the case of the Constitution can be accomplished only through the amendment process), then flexible interpretation, to cope effectively with altered, circumstances. Modification and interpretation are reciprocal; the more difficult it is to modify the instrument formally, the more exigent is flexible interpretation. Bork is aware of the practical impediments to amending the Constitution but is unwilling to draw the inference that flexible interpretation is therefore necessary to prevent constitutional obsolescence. (See "Bork and Beethoven" toward the bottom of the page.)
12.18.2007 10:21am
John_B (mail) (www):
Daniel H: The problem is that of the 'slippery slope'. If one part can be shown to mean something other than what it has been understood to have meant, then everything is open to question. This isn't a concern unique to Muslims, of course. Higher criticism (sometimes called 'deep criticism') poses a threat (for some) to the entire legitimacy of the religion.
12.18.2007 11:23am
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