Author: Ophelia Benson

Very good, it’s set up now. I actually got the actual update, so I can tell that it’s working. And people are accepting the invitation or signing up for the first time. Very good. Greetings.

Go here if you want to sign up.

A good day then. That update has been bugging me for six months. How glad I am to have a decent substitute at last. And it was a good day even before that. Someone emailed to give his opinion of the book, and it was – well, you get the idea. People rushed from all directions to apply ice to my head to prevent swelling.

So – after a considerable wait, Google accepted the mailing list and I have – I think – sent out the first update since October. But I think people have to click a link in an email message from Google in order to be added to the new list, so the update probably went to no one at all. And I haven’t even received it myself, despite being thoroughly added, so maybe it doesn’t work at all. So if any of you are on the old list and get an update or alternatively don’t get an update, it would be helpful if you would let me know.

Update (on update – how confusing). No don’t bother yet. They’ve sent me a message saying I don’t have permish, despite having sent me an earlier message saying I did have permish. No doubt we’ll work it out before too long.

The Times notices something that astute, attentive readers of B&W (and you all fit that description) have known for a long time.

Sitting in the airy living room of the spacious modern [house] where Sultan and her husband live, it is hard to believe this small, neatly dressed woman could be at the centre of an international firestorm. Just as improbable is that the most important and controversial critics of Islamic fundamentalism, violence and intolerance are, like Sultan, women, mostly from Islamic countries.

Well it’s not very improbable to us, is it; we’ve known that for years. Years.

They include Ayaan Hirsi Ali…Irshad Manji…Amina Wadud, an African-American convert to Islam and Muslim academic and author, who has infuriated traditional Muslims by leading Friday prayer for Muslims in New York, a role traditionally taken only by male imams. Other Muslim women in the front lines of the clash with Islamic governments are as diverse as Mukhtar Mai, the Pakistani village woman who was brutally gang-raped in 2002 as reprisal for an alleged transgression by her 14-year-old brother [which he didn’t commit – OB], and Shirin Ebadi, the Iranian lawyer who was awarded the Nobel peace prize in 2003 for her defence of the rights of women and children in fundamentalist Muslim Iran.

Yes; and there are many many more, as you know. Maryam Namazie, Azam Kamguian, Homa Arjomand, Azar Majedi, Marjane Satrapi. The women of ‘Ni Putes ni Soumises’. Mimount Bousakla, the Belgian MP. Serap Cileli, Necla Kelek and Seyran Ates in Germany.

When a broader German public began concerning itself with the parallel Muslim world arising in its midst, it was primarily thanks to three female authors, three rebellious Muslim musketeers: Ates, who in addition to practicing law is the author of “The Great Journey Into the Fire”; Necla Kelek (“The Foreign Bride”); and Serap Cileli (“We’re Your Daughters, Not Your Honor”). About the same age, all three grew up in Germany; they speak German better than many Germans and are educated and successful. But they each had to risk much for their freedom; two of them narrowly escaped Hatun Surucu’s fate…Taking off from their own experiences, the three women describe the grim lives and sadness of Muslim women in that model Western democracy known as Germany.

Of course it’s not really improbable at all that the most important critics of Islamic fundamentalism and violence should be women, since they’re so often at the sharp end of it. Not always. The turning point experience for Wafa Sultan was not gender specific –

…her life changed in 1979 when she was a medical student at the University of Aleppo, in northern Syria. At that time, the radical Muslim Brotherhood was using terrorism to try to undermine the government of President Hafez al-Assad. Gunmen of the Muslim Brotherhood burst into a classroom at the university and killed her professor as she watched, she said. “They shot hundreds of bullets into him, shouting, ‘God is great!’ ” she said. “At that point, I lost my trust in their god and began to question all our teachings. It was the turning point of my life, and it has led me to this present point.”

But most of them are. Women have every reason to join the resistance.

Addendum. It occurred to me earlier that much or all of this disagreement or confusion over terms may be simply geographical, or geographico-political. All three of the people who think I’m confused are in the UK. I wonder if this has to do with the difference between having a written consitution and bill of rights, and not having either. In other words, the UK doesn’t actually have an explicit written constitutionally protected right to free speech or a free press. As a consequence of that it also doesn’t have a Supreme Court. As a consequence of that, the gummint can pass laws that would be unlikely to pass over here (although items like the Patriot Act may raise doubts about that). The House of Lords may amend such laws in a more free speech direction, but not in deference to a written explicit constitutional right. It may be that the legal right is more taken for granted here, with the result that there is less need to be expansive about it. Or, maybe not – since as I’ve mentioned, lots of people over here think the First Amendment is very expansive. Still, it’s a thought.

Norm and Eve have further thoughts. Norm starts:

Like Holocaust denial in general, falsifying evidence to the purpose of Holocaust denial is not a criminal offence. You are free, consequently, to do it.

Legally free; but not necessarily free tout court.

In a subsequent post, Ophelia says that in her view falsification of historical evidence should not be a criminal offence. Legally, then, one can do it, though this doesn’t make it morally right or admirable; it is (wherever it is), like Holocaust denial in general, a liberty right. That Ophelia endorses this legal state of affairs entails that she thinks falsifying historical evidence not only is a liberty right but it ought to remain one. From this it follows that she thinks it is part of a morally acceptable legal state of affairs that a person who falsifies historical evidence to propagate the lie that the Holocaust didn’t happen is behaving within their rights, albeit also behaving vilely.

Within their legal rights, but not necessarily within their rights in all senses. Again, I just remain unconvinced that the word ‘rights’ is universally understood to mean legal rights and nothing else. I remain unconvinced that it’s a peculiar or outlandish or unusual idea that one can have a legal right to do something without having a moral right. Not all moral issues are or should be or can be settled by the police. Not all moral issues are criminal or legal matters. That may be a very colloquial usage – and I’m not one to claim that every colloquial usage is necessarly sensible or informative; but if this one is a colloquial usage, I think it does point to a distinction that makes sense. It makes sense if only because we want to be able to think that people don’t have a (moral) right to do immoral things, without feeling obliged to call the police every few days. The colloguial (if it is colloquial) usage ‘You have no right to treat me this way’ does not translate ‘I am going to have you arrested for treating me this way’. It translates to a sort of intensifier of ‘ought’. There are mild oughts – you ought to be better-tempered – and there are stronger oughts – you ought not to call me a bitch every time you’re in a bad mood – and there are stronger oughts again – you ought not to call your child ugly and stupid every time you’re in a bad mood. It’s not against the law to call your child ugly and stupid, but my guess is that a lot of people would agree that it’s so cruel and destructive that no one has a moral right to do it, in spite of having a legal right. (And if there is enough of it, social workers may intervene, and children may be taken away, without anyone’s going to prison. [A friend of mine is a family court judge; she has to read piles of briefs that reach from the floor to her knees in one evening sometimes; there is a world of fuzzy territory here.] It’s not a criminal offence, but it can sometimes be forcibly prevented.) So – I think it’s a morally acceptable legal state of affairs that a person who falsifies historical evidence to propagate the lie that the Holocaust didn’t happen is behaving within their legal rights – but not moral rights.

Whatever may be your rights, you will not be a reputable figure within the community of historians, to say nothing of other scholars and people more generally.

This is all I’m saying. I’m saying that cashes out to historians not thinking historians have a moral, or epistemic, or vocational, or scholarly right to falsify, despite having a legal right. I’m saying you won’t hear historians saying ‘Irving has a right to falsify the evidence’ just like that, with no qualifications. At least, I don’t think so! I should offer a challenge. Somebody find me a historian saying that! It will be like one of those thousand dollar challenges, only without the thousand dollars.

This is merely to confuse the issue of legal and moral rights, which protect people against coercive interference in what they choose to do, and the standards applied to the conduct of certain activities by those who have a concern for them and/or the rules governing some competitive endeavours.

Well – hasn’t that been my whole point all along? I thought it had. I thought the difference between legal rights and moral rights was exactly what I’ve been talking about the whole time. Standards and rules are the kind of thing I’ve been talking about from the beginning, in disagreeing with unadorned unqualified unhedged claims that Irving has a right to falsify the evidence.

And Eve:

The moral right to free speech isn’t a right to have your views disseminated or published or agreed with; it’s just a right to say what you choose, without others forcibly preventing you.

Right; that’s what I said. “Which people and in what sense of ‘prevent us’ I wonder. In the examples Eve gives, I’m not sure it’s true that people close to us ought not to try to prevent us by persuasion, for instance. But no doubt she means forcibly prevent, which is another matter.” When I said that, she hadn’t said ‘forcibly’ prevent; now she has; so that answers my question.

I think we all mostly agree on the basics, it’s just that I keep thinking qualifications are being left out. If we can stipulate legal rights and forcibly prevent, I think we’re saying much the same thing. Although I find Sunstein’s chapter interesting, and it connects in an interesting way with Rawls’s idea of political liberalism and also a book by Amy Gutmann and Dennis Thompson on Democracy and Disagreement, so I might go on talking about those sometime.

Now, this is nice. At least, I like it. It’s the Amazon page for that book, but the nice thing is that it’s paired with a book by Dawkins. Good company they’ve put us in. (Yes, of course I check, why do you ask? And the answer is no; hasn’t sold a copy in days, or is it weeks.)

March is a good month. Don’t you think? I love March. March and October, they’re the best. Although April has a strong claim, despite the cruelty thing. But March is special. I think it’s the daffodils. I have a really slightly insane passion for daffodils – especially the way they’re planted in the UK, in those great blankets covering whole sections of parks and gardens. We don’t do that here, unfortunately. No blankets. But there are a lot of them, just in smaller batches, so I trudge around the place gazing fondly at clumps of them next to trees and on parking strips. I took a trip to London in March about ten years ago and people laughed at me when I showed them my pictures. ‘They’re all of daffodils!’ everyone exclaimed, falling over laughing. ‘Every single one is of daffodils!’ I looked and was much abashed to see that it was true. Kew with daffodils, Hampton Court with daffodils, York with daffodils, Cambridge with daffodils, Kenwood with daffodils, Burleigh with daffodils. Very King Charles’s head, it was. I felt slightly silly. But I was pleased to have so many pretty pictures of daffodils, all the same!