The Bluff Being Called Was Behe's
One of the contributors on the "Uncommon Descent" weblog, "BarryA", has joined the ranks of intelligent design advocates who want in on Monday-morning quarterbacking the Kitzmiller v. DASD case. "BarryA" wrote that Judge Jones was incompetent in permitting Eric Rothschild to present defense expert Michael Behe with a stack of papers and textbooks about the evolution of the immune system, one of those systems that Behe calls "irreducibly complex". Behe had said this about it, ""We can look high or we can look low in books or in journals, but the result is the same. The scientific literature has no answers to the question of the origin of the immune system." Rothschild wanted to go into how many papers and how much work was out in the literature. ID advocates have become fond of calling the practice of showing up their essential cluelessness by reference to the scientific literature as "literature bluffing". The only bluff around that point in the KvD trial, though, was Behe's.
My response is over at the Austringer.
65 Comments
Matt · 11 August 2006
So the argument is that the internet limits the extent to which "literature bluffing" can be engaged in, because anyone can look up the cited papers? Pretty humorous that this claim is being made by people too lazy, even with the internet, to actually look up the articles.
Pontificating about how you could call someone's bluff is not the same as actually, y'know, calling the bluff. Do it, already, or shut up about it.
Zarquon · 12 August 2006
Dangit Matt, you called their bluff.
Anonymous_Coward · 12 August 2006
Tent O Field · 12 August 2006
This is the second time recently I have heard the phrase "Monday morning quarterbacking". I know that a quarterback has something to do with American football but what he does and why he does it on Mondays I have no idea. Would someone mind explaining what it means for all the Australians, like myself, and other non-Americans who enjoy the discussions on PT.
DAB · 12 August 2006
Since the game is played on Sunday, "Monday morning quarterbacking" is the same thing as using 20/20 hindsight. After the fact, it is easy to see what turned out to be the right and the wrong decisions. In the middle of the game (battle, election campaign, etc.) it's never so easy.
DAB · 12 August 2006
I suppose it should also be mentioned that this probably comes from what would be the coffee room/water cooler discussions at work on Monday as to why the local team lost on Sunday.
DAB · 12 August 2006
Layer upon layer of culture showing. In American football, the quarterback is the lead player on offense, who calls the plays and is most responsible for running the offense. Often referred to by the purple prose journalists as the "field general".
Tent O Field · 12 August 2006
Thank-you DAB, much appreciated.
normdoering · 12 August 2006
I suppose you all know by now that "BarryA Responds to His Critics at Panda's Thumb" in now up on UncomDe:
http://www.uncommondescent.com/index.php/archives/1443
He has, it seems, decided to dig his grave a little deeper.
Nick (Matzke) · 12 August 2006
Colin · 12 August 2006
I've taken to hedging my attempts to post at UD; despite BarryA's professed love of criticism, he dinged at least one post of mine on one of the earlier threads. I'm no evidence expert, but I've studied and applied the Rules of Evidence. BarryA is way off track in the application of 803(18):
"BarryA, you are presenting an extremely inaccurate characterization of FRE 803(18). (I'll limit my criticisms to just that issue, to prevent a repeat of your censorship of one of my comments on your last thread.) You say, for instance, that under the rule "the plaintiffs should have asked Behe one by one if each of the 58 books and articles was authoritative." That is not the case, as is clear from the commentary to Rule 803: "The rule does not require that the witness rely upon or recognize the treatise as authoritative, thus avoiding the possibility that the expert may at the outset block cross-examination by refusing to concede reliance or authoritativeness." The authoritativeness of the texts was abundantly clear in this case; both parties treated these documents as authoritative. In such instances, the court is entitled (and probably encouraged for the sake of judicial economy) to take judicial notice of the fact that the material qualifies under Rule 803.
You're beginning to argue the law as Fafarman does; picking a desired outcome and structuring all the rules to lead to it. It fits the common perception of what lawyers do, but it's poor practice and poor advocacy. One reason for that is that it leads you to make severe errors, as you have here, in this analysis: "I am sure that after reviewing them one by one Behe would have said that all or most of them were. For those that Behe refused to admit were authoritative, plaintiffs could have had another expert testify they were."
They could have, but they certainly wouldn't be required to do so. You're reading in an enormous amount of substance that simply doesn't exist in Rule 803, in order to justify your preconceived criticism of the court. It's great form for ID and UD, but it's factually inaccurate. For instance: "There has to be some evidence from a person qualified to comment on the issue that a book or article is authoritative." That is not true. FRE 803(18) imposes no such requirement, nor does any case that I am aware of. "The judge is not entitled to simply assume that books and articles with fancy titles are authoritative." That is also not true. FRE 803 explicitly allows for judicial notice, which in this case would have been entirely appropriate as both parties treated the texts in question as authoritative and learned treatises.
You have an extremely shallow understanding of the rule in general. For instance, you say: "In the PT example, if expert A truly is unaware of a definitive work in the field, then the opposition could call expert B to testify that the work is definitive, and then impeach A with the work even if he had never read it." Your characterization is inapposite to this case, but ironically you have described a common trial practice. A supposed expert's ignorance of certain texts (such as a psychologist who had never heard of the DSM) is relevant to their expert qualification. Again, from the FRE 803(18) commentary: "In Reilly v. Pinkus, supra, the Court pointed out that testing of professional knowledge was incomplete without exploration of the witness' knowledge of and attitude toward established treatises in the field. The process works equally well in reverse and furnishes the basis of the rule."
You provide a great deal of bloviation predicated on your own expert status, but your legal analysis is not good. I am not convinced that Rule 803 is applicable in this instance, given the use of the literature in regards to Behe's admission that publications are a measure of scientific validity, but you've pegged your own argument to it. And yet, you not only don't seem to understand it, you're teaching a (very credulous) audience that they should scorn a court of law for not following your own shoddy reasoning.
If I've been harsh, then I apologize, but I dislike seeing people twist the law to create politically correct results. And, of course, I'll add my standard disclaimer --- it's unlikely that anyone other than BarryA will see this post."
Matt · 12 August 2006
They're getting awfully postmodernist over there. It's pretty clear that any credibility ID might have had as an intellectual movement has long ago been squandered by this kind of legalistic petty quibbling about semantics.
Has anyone at UD read any of the literature identified by the plaintiffs? Has any single one of them ever read any scientific publication that bears on the question? I don't think I've ever seen a crew that is this proud of their ignorance.
It won't be long now before even the YECs are seeing through their masquerade and concluding that absence of any scientific content makes ID nothing more than warmed over Scientific Creationism. I imagine that the YECs will at that point decide go with the genuine article and leave Dembski and friends to their meta-analyses.
So what do the readers here think will eventually become of Dembski? I really do think he'll be going over to the televangelism circuit, hawking his pretty pictures about watchmakers on late night pay-TV infomercials. It's hard to believe that many of us once thought of him as some kind of scholar, and that his arguments actually needed to be answered seriously. What a joke that he's become.
richCares · 13 August 2006
The case is over, the decision has been rendered yet those at uncommondescent continue with a "what if" mentality. Not surprising, the "what if" science why not the law as well. Do they know the humor they cause us?
steve s · 13 August 2006
Some of them do, some of them don't. For instance, AFDave at After the Bar Closes, has posted hundreds of comments. Each of his claims is destroyed ten ways to sunday, after which he claims victory. Most of the IDers, like AFDave, are oblivious. They don't understand science and they don't care to. Then you have frauds like Dembski and Behe--people who started out believing what they were saying, and now know they were wrong, but they're making money off the obliviods, so they keep it going. Dembski doesn't give a crap if he's refuted over here or not. He doesn't give a crap if Elsberry and Shallitt write a book deconstructing his work line by line. Because it's not going to affect his bank account one whit. The money will roll in, day after day, from the Salvadors, and the DonaldMs, and the BarryAs....
Sir_Toejam · 13 August 2006
steve s · 13 August 2006
You are correct sir. A little too much drinky-drinky tonight.
Sir_Toejam · 13 August 2006
hey, pass that over here, would ya?
steve s · 13 August 2006
If you are anywhere near Durham/RTP NC, you are welcome to it.
Sir_Toejam · 13 August 2006
alas, unless you have quite an arm on ya, I guess I won't impose.
It's a bit of a ways between NC and CA, last i checked.
Andrea Bottaro · 13 August 2006
I think rule 803 will soon become the ID advocates equivalent of the "tuck rule". I can almost see Dembski dressed in black and silver, with a viking helmet adorned with little plastic skulls on his head, screaming "We wuz robbed, man!!!"
(And I'll leave our Aussie and European friends to ponder what the heck the "tuck rule" is...)
'Rev Dr' Lenny Flank · 13 August 2006
'Rev Dr' Lenny Flank · 13 August 2006
Nick (Matzke) · 13 August 2006
'Rev Dr' Lenny Flank · 13 August 2006
steve s · 13 August 2006
Arden Chatfield · 13 August 2006
'Rev Dr' Lenny Flank · 13 August 2006
Wheels · 13 August 2006
Speaking of another Jones, you have to love Stephen E. Jones' remark that the existence of 58 peer-reviewed articles, books, etc. on the evolution of the immune system actually demonstrates that there isn't a detailed explanation, because Einstein said it would take "only one" to disprove his work with Relativity.
As far as I know, disproving something and making the case for something else, including detailed descriptions of something as complicated as the evolution of the immune system, are two somewhat different things.
But I supposed somebody who buys into the ID negative-argument-equals-positive-evidence idea wouldn't know that.
Sir_Toejam · 13 August 2006
Andrew McClure · 13 August 2006
steve s · 13 August 2006
steve s · 13 August 2006
shiva · 13 August 2006
BarryA is miffed that the 58 articles are accepted as evidence that IC has been refuted. Maybe he shd take it up with Behe who spent nearly 10 years claiming that there is nothing on the subject.
Darth Robo · 13 August 2006
"A little too much drinky-drinky tonight."
Hope you enjoyed it. I know I did! :-)
Radix2 · 14 August 2006
steve s · 14 August 2006
Really? You wouldn't write "Keeping up with the Joneses?"
normdoering · 14 August 2006
Popper's ghost · 14 August 2006
Popper's ghost · 14 August 2006
'Rev Dr' Lenny Flank · 14 August 2006
Anonymous_Coward · 14 August 2006
Matt · 14 August 2006
Laser · 14 August 2006
"If can we hit that bullseye, the rest of the dominoes will fall like a house of cards. Checkmate."
Zapp Brannigan
steve s · 14 August 2006
Kif: Uuuuhhhhhhhh.....
normdoering · 14 August 2006
steve s · 14 August 2006
There're even worse ones than Bartleby, such as dropping the s anytime there's a s, x or z sound at the end of the word. Stupid. Those kind of rules are loved by the kind intolerable gits who like to distinguish acronyms from 'initialisms'. Ugh.
steve s · 14 August 2006
Michael Suttkus, II · 14 August 2006
The obvious portion of the fundamentalist agenda that did get passed despite popular opposition is stem cell funding. Still, the Republicans don't seem to care all that much about actually doing much for the Religious Wrong.
Still, claiming their politically dead is not accurate as long as Bush is appointing Supreme Court judges, and would just lead to complacency anyway. In 1957, Martin Gardner said in "Fads and Fallacies in the Name of Science" that creationism was effectively dead. It would only be 4 years later that Henry Morris would kick the whole thing off again with "The Genesis Flood".
If we've won anything, it's one swing of the bat in whack-a-mole. They aren't dead, they're just looking for the next hole to poke a claw out of.
Bruce Thompson GQ · 14 August 2006
J-Dog · 14 August 2006
Bruce Thompson - Excellent research, although I am shocked and surprised to find out that there actually is "something" to ID, "something" of course being defined and closely related to fecal matter, as evidenced by your picture of the evidence...
David B. Benson · 14 August 2006
Politically dead? Utterly dead? You folks do not understand YEC and ID zombies. You really ought to research zombies...
'Rev Dr' Lenny Flank · 14 August 2006
'Rev Dr' Lenny Flank · 14 August 2006
normdoering · 14 August 2006
Popper's ghost · 14 August 2006
'Rev Dr' Lenny Flank · 15 August 2006
steve s · 15 August 2006
'Rev Dr' Lenny Flank · 15 August 2006
normdoering · 15 August 2006
'Rev Dr' Lenny Flank · 15 August 2006
Michael Suttkus, II · 16 August 2006
fnxtr · 16 August 2006
Ahh, wouldn't it be nice if we (h. sapiens sapiens) could just adopt the sensible philosophy like Matt. 7:12 (the golden rule) without all the superstitious nonsense. Maybe those rules were always there in human culture, and just got co-opted by religion. I wonder.
AJ · 16 August 2006
Henry J · 16 August 2006
Re "Anyone want to take one for the team :)"
An interesting if probably rather impractical suggested "strategy"... :ROFL:
Henry
'Rev Dr' Lenny Flank · 16 August 2006