open society

Can the religious beliefs of parents justify the nonconsensual cutting of their child’s genitals?

By Brian D. Earp

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 See updated material below – reply to a critic. 

Of faith and circumcision: Can the religious beliefs of parents justify the nonconsensual cutting of their child’s genitals?

Circumcising minors on religious grounds amounts to grievous bodily harm according to a German court ruling issued on Tuesday. AFP News reports:

The regional court in Cologne, western Germany, ruled that the “fundamental right of the child to bodily integrity outweighed the fundamental rights of the parents. The religious freedom of the parents and their right to educate their child would not be unacceptably compromised, if they were obliged to wait until the child could himself decide to be circumcised.”

Some Jewish groups are up in arms. They insist that God has “non-negotiably” required that circumcision take place on precisely the eighth day after birth; hence waiting to perform the operation until the child could consent would amount to breaking this keystone covenant with their deity. Using the force of law to delay circumcision, then, is no different from banning it outright, since a delayed circumcision is religiously meaningless.

I don’t find this argument very compelling.

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The censor and the eavesdropper: the link between censorship and surveillance

Cory Doctorow makes a simple but important point in the Guardian: censorship today is inseparable from surveillance. In modern media preventing people from seeing proscribed information requires systems that monitor their activity. To implement copyright-protecting censorship in the UK systems must be in place to track where people seek to access and compare it to a denial list, in whatever medium is used.

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Cabs, censorship and cutting tools

The smith was working hard on making a new tool. A passer-by looked at his work and remarked that it looked sharp and dangerous. The smith nodded: it needed to be very sharp to do its work. The visitor wondered why there was no cross-guard to prevent the user’s hand to slide onto the blade, and why the design made it easy to accidentally grip the blade instead of the grip. The smith explained that the tool was intended for people who said they knew how to use it well. “But what if they were overconfident, sold it to somebody else, or had a bad day? Surely some safety measures would be useful?” “No”, said the smith, “my customers did not ask for them. I could make them with a slight effort, but why bother?”

Would we say the smith was doing his job in an ethical manner?

Here are two other pieces of news: Oxford City Council has decided to make it mandatory for taxicabs in Oxford to have CCTV cameras and microphones recording conversations of the passengers. As expected, many people are outraged. The stated reason is to improve public safety, although the data supporting this decision doesn’t seem to be available. The surveillance footage will supposedly not be made available other than as evidence for crimes, and not stored for more than 28 days. Meanwhile in the US, there are hearings about the Stop Online Piracy Act (SOPA) and the PROTECT IP Act, laws intended to make it easier to block copyright infringement and counterfeiting. Besides concerns that critics and industries most affected by the laws are not getting access to the hearings, a serious set of concerns is that they would make it easy to censor websites and block business on fairly loose grounds, with few safeguards against false accusations (something that occurs regularly), little oversight, few remedies for the website, plus the fact that a domestic US law would apply internationally due to the peculiarities of the Internet and US legal definitions.

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A tale of two reactors

Right now, by sheer chance I am sitting in the same chair, in the same place in Stockholm, as when I first heard the news about the Chernobyl accident. But today it is the Fukushima nuclear plant in Japan that has had an explosion.There are interesting lessons in how the two disasters have been playing out. Continue reading