Buckeye wrote:Well, first, you changed my example. I said apologetics had done a good job of refuting the traditional LDS hemispheric view, not for proving a specific setting.
Thanks for the reply, Buck. Actually, I didn't change your example. As I said in my post, what you wrote "[had] me wondering" how a jury might approach evidences for and against Book of Mormon historicity. I was extending your observations to a larger question.
Buckeye wrote:But I'll still answer the jury question. I think both scholars supporting and scholars opposing Book of Mormon historicity would have valid points to make. Which would convince a jury would depend on who has the burden of proof and what the required standard of proof is, not to mention the ever-present reality that different juries can reach different results (we use juries not because they yield the truth, but because they are the best way to resolve disputes where the truth is cannot be indisputably shown).
Your last bracketed comment is quite obvious to me in the case of Lindy Chamberlain. The Wiki entry isn't complete either. Crucial eyewitness evidence was not put before the court. I realise that juries don't always get it right. Think O.J.Simpson, too.
Buckeye wrote:If the burden of proof was clear and convincing evidence or higher (beyond a reasonable doubt), then neither side would be able to meet the burden. If the burden of proof was a perponderance of evidence (ie, more likely than not), then the result would turn on the predisposition of the jurors. Not surprisingly, this is what we find in the real world. Those predisposed to believe tend to latch onto the pro side. Those predisposed to disbelieve tend to latch onto the con side.
I think the two examples I've given are also pertinent here. I suppose it's quite possible for 12 people to be swayed by lawyers' arguments rather than facts, and in the Chamberlain case the prosecuting lawyer was one of the best in the business, but he presented the case in such a way that it swayed an incorrect verdict, which was later recognised by the authorities. I read the full transcript of the trial, by the way, and the eyewitness testimony which wasn't presented in court.
Well, I don't think it's any secret that I've looked at the evidences for Book of Mormon historicity in some depth over the past 8 years online, apart from some prior ten years of reading hardcopy on the subject. But even without going into scholarly depth, would you agree that "first base" claims like there were Christians living in 2,200 BC and 600 AD, and at one time they practised both Christianity and the Law of Moses at the same time, would be a difficult if not impossible evidence to accept in light of historical facts? How difficult would it be for a lawyer to shoot that down in court, bringing, say, several expert witnesses to show the very high unlikelihood, if not impossibility of this? In other words, we are being asked to overturn everything we know about pre-Christian history, and which contradicts every historical account of the beginnings of Christianity.
I'm looking at this from a purely legal viewpoint, which is why I'm asking you. You're not the only lawyer on the board, by the way.
Buckeye wrote:As to the Moroni test, I don't recall Moroni ever calling it a proof.
Well, he did. He said that you can know the "truth of all things". But it's not proof as in legal matters, it's subjective, spiritual proof, which brings a variety of responses.
Buckeye wrote:The purpose of the Book of Mormon is not to prove anything if "prove" is understood to mean "compel belief." Even if the historicity were "proven" that would not prove the purpose of the Book of Mormon (the Jesus is the Christ) anymore than the Bible's historicity does. Faith is very much necessary. What the Book of Mormon does, and the apologetics who support it, is to create a scenario in which belief is possible and even plausible, thereby allowing us to choose if we want to believe. But our choice will never impact what the truth really is. The Book of Mormon isn't on trial. We, the jury, are.
Your last sentence reflects what Ezra Taft Benson said. But the fact is that for many who are questioning, the Book of Mormon is on trial (just visit RFM if you doubt me). I have no problem with someone who says they have a "spiritual witness", nor with the millions of members who testify that they've had a "burning in the bosom" confirmation. The problem, as I see it, is when that burning in the bosom translates into "historical veracity". Or, burning in bosom = historical truth, especially when there are so many evidences to the contrary, as in the brief examples I've given above. My personal opinion, as one who has long had an "emotional investment" in the Book of Mormon, is that emotion/spiritual belief, can cloud or even eradicate one's judgments in regard to very real and problematic evidences against Book of Mormon historicity. For one so predisposed, I agree it's not easy. As John Clark said, you have to first believe, then "the evidences become clearer". I have experienced this. But I've also concluded that while "spiritual magnification" may highlight evidences blurred by disbelief, the contrary evidence, and lack of evidence is so compelling, that it should lead a rational person to reject the Book of Mormon as history. And this may, of course, have no bearing on how a person feels about the Book of Mormon.