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Saturday, January 1, 2022

Historicity of the Bible

The historicity of the Bible is the question of the Bible's relationship to history—covering not just the Bible's acceptability as history but also the ability to understand the literary forms of biblical narrative. One can extend biblical historicity to the evaluation of whether or not the Christian New Testament is an accurate record of the historical Jesus and of the Apostolic Age. This tends to vary depending upon the opinion of the scholar.

When studying the books of the Bible, scholars examine the historical context of passages, the importance ascribed to events by the authors, and the contrast between the descriptions of these events and other historical evidence.

According to theologian Thomas L. Thompson, a representative of the Copenhagen School, the archaeological record lends sparse and indirect evidence for the Old Testament's narratives as history. Others, like archeologist William G. Dever, feel that biblical archaeology has both confirmed and challenged the Old Testament stories. While Dever has criticized the Copenhagen school for its radicalism, he is far from being a biblical literalist, and thinks that the purpose of biblical archaeology is not to simply support or discredit the biblical narrative, but to be a field of study in its own right.

Materials and methods

Manuscripts and canons

The Bible exists in multiple manuscripts, none of them an autograph, and multiple biblical canons, which do not completely agree on which books have sufficient authority to be included or their order (see Books of the Bible). The early discussions about the exclusion or integration of various apocrypha involve an early idea about the historicity of the core. The Ionian Enlightenment influenced early patrons like Justin Martyr and Tertullian—both saw the biblical texts as being different from (and having more historicity than) the myths of other religions. Augustine was aware of the difference between science and scripture and defended the historicity of the biblical texts, e.g., against claims of Faustus of Mileve.

Historians hold that the Bible should not be treated differently from other historical (or literary) sources from the ancient world. One may compare doubts about the historicity of, for example, Herodotus; the consequence of these discussions is not that historians shall have to stop using ancient sources for historical reconstruction, but need to be aware of the problems involved when doing so.

Very few texts survive directly from antiquity: most have been copied—some, many times. To determine the accuracy of a copied manuscript, textual critics examine the way the transcripts have passed through history to their extant forms. The higher the consistency of the earliest texts, the greater their textual reliability, and the less chance that the content has been changed over the years. Multiple copies may also be grouped into text types, with some types judged closer to the hypothetical original than others.

Writing and reading history

W.F. Albright, the doyen of biblical archaeology, in 1957

The meaning of the term "history" is itself dependent on social and historical context. Paula McNutt, for instance, notes that the Old Testament narratives

do not record 'history' in the sense that history is understood in the twentieth century. ...The past, for biblical writers as well as for twentieth-century readers of the Bible, has meaning only when it is considered in light of the present, and perhaps an idealized future.

Even from the earliest times, students of religious texts had an awareness that parts of the scriptures could not be interpreted as a strictly consistent sequence of events. The Talmud cites a dictum ascribed to the third-century teacher Abba Arika that "there is no chronological order in the Torah". Examples were often presented and discussed in later Jewish exegesis with, according to Abraham Joshua Heschel (1907-1972), an ongoing discourse between those who would follow the views of Rabbi Ishmael (born 90 CE) that "the Torah speaks in human language", compared to the more mystical approach of Rabbi Akiva (c. 50 – 135 CE) that any such deviations should signpost some deeper order or purpose, to be divined.

During the modern era, the focus of biblical history has also diversified. The project of biblical archaeology associated with W.F. Albright (1891-1971), which sought to validate the historicity of the events narrated in the Bible through the ancient texts and material remains of the Near East, has a more specific focus compared to the more expansive view of history described by archaeologist William Dever (1933- ). In discussing the role of his discipline in interpreting the biblical record, Dever has pointed to multiple histories within the Bible, including the history of theology (the relationship between God and believers), political history (usually the account of "Great Men"), narrative history (the chronology of events), intellectual history (treating ideas and their development, context and evolution), socio-cultural history (institutions, including their social underpinnings in family, clan, tribe and social class and the state), cultural history (overall cultural evolution, demography, socio-economic and political structure and ethnicity), technological history (the techniques by which humans adapt to, exploit and make use of the resources of their environment), natural history (how humans discover and adapt to the ecological facts of their natural environment), and material history (artifacts as correlates of changes in human behaviour).

Sharply differing perspectives on the relationship between narrative history and theological meaning present a special challenge for assessing the historicity of the Bible. Supporters of biblical literalism "deny that Biblical infallibility and inerrancy are limited to spiritual, religious, or redemptive themes, exclusive of assertions in the fields of history and science. We further deny that scientific hypotheses about earth history may properly be used to overturn the teaching of Scripture on creation and the flood." "History", or specifically biblical history, in this context appears to mean a definitive and finalized framework of events and actions—comfortingly familiar shared facts - like an omniscient medieval chronicle, shorn of alternative accounts, psychological interpretations, or literary pretensions. But prominent scholars have expressed diametrically opposing views:

[T]he stories about the promise given to the patriarchs in Genesis are not historical, nor do they intend to be historical; they are rather historically determined expressions about Israel and Israel's relationship to its God, given in forms legitimate to their time, and their truth lies not in their facticity, nor in the historicity, but their ability to express the reality that Israel experienced.

Modern professional historians, familiar with the phenomenon of on-going historical revisionism, allow new findings and ideas into their interpretations of "what happened", and scholars versed in the study of texts (however sacred) see all narrators as potentially unreliable and all accounts—especially edited accounts—as potentially historically incomplete, biased by times and circumstances.

Hebrew Bible/Old Testament

Authorship

A central pillar of the Bible's historical authority was the tradition that it had been composed by the principal actors or eyewitnesses to the events described—the Pentateuch was the work of Moses, the Book of Joshua was by Joshua, and so on. However, the Protestant Reformation had brought the actual texts to a much wider audience, which combined with the growing climate of intellectual ferment in the 17th century that was the start of the Age of Enlightenment. This threw a harsh, sceptical spotlight on these traditional claims. In Protestant England, the philosopher Thomas Hobbes in his major work Leviathan (1651) denied Mosaic authorship of the Pentateuch, and identified Joshua, Judges, Samuel, Kings, and Chronicles as having been written long after the events they purported to describe. His conclusions rested on internal textual evidence, but in an argument that resonates with modern debates, he noted: "Who were the original writers of the several Books of Holy Scripture, has not been made evident by any sufficient testimony of other History, which is the only proof of matter of fact."

Title page of Simon's Critical history, 1682.

The Jewish philosopher and pantheist Baruch Spinoza echoed Hobbes's doubts about the provenance of the historical books in his Tractatus Theologico-Politicus (published in 1670), and elaborated on the suggestion that the final redaction of these texts was post-exilic under the auspices of Ezra (Chapter IX). He had earlier been effectively excommunicated by the rabbinical council of Amsterdam for his perceived heresies. The French priest Richard Simon brought these critical perspectives to the Catholic tradition in 1678, observing "the most part of the Holy Scriptures that are come to us, are but Abridgments and as Summaries of ancient Acts which were kept in the Registries of the Hebrews," in what was probably the first work of biblical textual criticism in the modern sense.

In response Jean Astruc, applying to the Pentateuch source criticism methods common in the analysis of classical secular texts, believed he could detect four different manuscript traditions, which he claimed Moses himself had redacted (p. 62–64). His 1753 book initiated the school known as higher criticism that culminated in Julius Wellhausen formalising the documentary hypothesis in the 1870s, which identifies these narratives as the Jahwist, Elohist, Deuteronomist, and the Priestly source. While versions of the documentary hypothesis vary in the order in which they were composed, the circumstances of their composition, and the date of their redaction(s), their shared terminology continues to provide the framework for modern theories on the composite nature and origins of the Torah.

By the end of the 19th century the scholarly consensus was that the Pentateuch was the work of many authors writing from 1000 BCE (the time of David) to 500 BCE (the time of Ezra) and redacted c. 450, and as a consequence whatever history it contained was more often polemical than strictly factual—a conclusion reinforced by the then fresh scientific refutations of what were at the time widely classed as biblical mythologies.

Torah (Pentateuch)

Genesis creation narrative

The Garden of Eden. By Lucas Cranach der Ältere (1472–1553)

There is a Christian tradition of criticism of the creation narratives in Genesis dating back to at least St Augustine of Hippo (354–430), and Jewish tradition has also maintained a critical thread in its approach to biblical primeval history. The influential medieval philosopher Maimonides maintained a skeptical ambiguity toward creation ex nihilo and considered the stories about Adam more as "philosophical anthropology, rather than as historical stories whose protagonist is the 'first man'." Greek philosophers Aristotle, Critolaus and Proclus held that the world was eternal. Such interpretations are inconsistent with what was after the Protestant Reformation to be "commonly perceived in evangelicalism as traditional views of Genesis".

The publication of James Hutton's Theory of the Earth in 1788 was an important development in the scientific revolution that would dethrone Genesis as the ultimate authority on primeval earth and prehistory. The first casualty was the Creation story itself, and by the early 19th century "no responsible scientist contended for the literal credibility of the Mosaic account of creation." The battle between uniformitarianism and catastrophism kept the flood alive in the emerging discipline, until Adam Sedgwick, the president of the Geological Society, publicly recanted his previous support in his 1831 presidential address:

We ought indeed to have paused before we first adopted the diluvian theory, and referred all our old superficial gravel to the action of the Mosaic Flood. For of man, and the works of his hands, we have not yet found a single trace among the remnants of the former world entombed in those deposits.

All of which left the "first man" and his putative descendants in the awkward position of being stripped of all historical context, until Charles Darwin naturalized the Garden of Eden with the publication of On The Origin of Species in 1859. Public acceptance of this scientific revolution was, at the time, uneven, but has since grown significantly. The mainstream scholarly community soon arrived at a consensus, which holds today, that Genesis 1–11 is a highly schematic literary work representing theology/symbolic mythology rather than actual history or science.

The Patriarchs

In the following decades Hermann Gunkel drew attention to the mythic aspects of the Pentateuch, and Albrecht Alt, Martin Noth and the tradition history school argued that although its core traditions had genuinely ancient roots, the narratives were fictional framing devices and were not intended as history in the modern sense. Though doubts have been cast on the historiographic reconstructions of this school (particularly the notion of oral traditions as a primary ancient source), much of its critique of biblical historicity found wide acceptance. Gunkel's position is that

if, however, we consider figures like Abraham, Isaac, and Jacob to be actual persons with no original mythic foundations, that does not at all mean that they are historical figures. ...For even if, as may well be assumed, there was once a man call "Abraham," everyone who knows the history of legends is sure that the legend is in no position at the distance of so many centuries to preserve a picture of the personal piety of Abraham. The "religion of Abraham" is, in reality, the religion of the legend narrators which they attribute to Abraham.

This has in various forms become a commonplace of contemporary criticism.

In the United States the biblical archaeology movement, under the influence of Albright, counterattacked, arguing that the broad outline within the framing narratives was also true, so that while scholars could not realistically expect to prove or disprove individual episodes from the life of Abraham and the other patriarchs, these were real individuals who could be placed in a context proven from the archaeological record. But as more discoveries were made, and anticipated finds failed to materialise, it became apparent that archaeology did not in fact support the claims made by Albright and his followers.

Following Albright's death, his interpretation of the patriarchal age came under increasing criticism: such dissatisfaction marked its culmination with the publication of The Historicity of the Patriarchal Narratives by Thomas L. Thompson and Abraham in History and Tradition by John van Seters. Thompson, a literary scholar, argued on the lack of compelling evidence that the patriarchs lived in the 2nd millennium BCE, and noted how certain biblical texts reflected first millennium conditions and concerns, while Van Seters examined the patriarchal stories and argued that their names, social milieu, and messages strongly suggested that they were Iron Age creations. Van Seter and Thompson's works were a paradigm shift in biblical scholarship and archaeology, which gradually led scholars to no longer consider the patriarchal narratives as historical. Some conservative scholars attempted to defend the patriarchal narratives in the following years, but this position has not found acceptance among scholars.

Today, only a minority of scholars continue to work within this framework, mainly for reasons of religious conviction. William Dever stated in 1993 that

[Albright's] central theses have all been overturned, partly by further advances in biblical criticism, but mostly by the continuing archaeological research of younger Americans and Israelis to whom he himself gave encouragement and momentum. ...The irony is that, in the long run, it will have been the newer "secular" archaeology that contributed the most to Biblical studies, not "Biblical archaeology".

The Exodus

Mainstream scholarship no longer accepts the biblical Exodus account as history for a number of reasons. Most scholars agree that the Exodus stories reached the current form centuries after the apparent setting of the stories. The Book of Exodus itself attempts to ground the event firmly in history, dating the exodus to the 2666th year after creation (Exodus 12:40-41), the construction of the tabernacle to year 2667 (Exodus 40:1-2, 17), stating that the Israelites dwelled in Egypt for 430 years (Exodus 12:40-41), and including place names such as Goshen (Gen. 46:28), Pithom and Ramesses (Exod. 1:11), as well as stating that 600,000 Israelite men were involved (Exodus 12:37). The Book of Numbers further states that the number of Israelites in the desert during the wandering were 603,550, including 22,273 first-borns, which modern estimates put at 2.5-3 million total Israelites, a clearly fanciful number that could never have been supported by the Sinai Desert. The geography is vague with regions such as Goshen unidentified, and there are internal problems with dating in the Pentateuch. No modern attempt to identify a historical Egyptian prototype for Moses has found wide acceptance, and no period in Egyptian history matches the biblical accounts of the Exodus. Some elements of the story are miraculous and defy rational explanation, such as the Plagues of Egypt and the Crossing of the Red Sea. The Bible also fails to mention the names of any of the pharaohs involved in the Exodus narrative.

While ancient Egyptian texts from the New Kingdom mention "Asiatics" living in Egypt as slaves and workers, these people cannot be securely connected to the Israelites, and no contemporary Egyptian text mentions a large-scale exodus of slaves like that described in the Bible. The earliest surviving historical mention of the Israelites, the Egyptian Merneptah Stele (c. 1207 BCE), appears to place them in or around Canaan and gives no indication of any exodus.

Despite the absence of any archaeological evidence, a majority of scholars agree that the Exodus probably has some historical basis, with Kenton Sparks referring to it as "mythologized history." Scholars posit that small group of people of Egyptian origin may have joined the early Israelites, and then contributed their own Egyptian Exodus story to all of Israel.[e] William G. Dever cautiously identifies this group with the Tribe of Joseph, while Richard Elliott Friedman identifies it with the Tribe of Levi. Most scholars who accept a historical core of the exodus date this possible exodus group to the thirteenth century BCE at the time of Ramses II, with some instead dating it to the twelfth century BCE at the time of Ramses III. Evidence in favor of historical traditions forming a background to the Exodus myth include the documented movements of small groups of Ancient Semitic-speaking peoples into and out of Egypt during the Eighteenth and Nineteenth Dynasties, some elements of Egyptian folklore and culture in the Exodus narrative, and the names Moses, Aaron and Phinehas, which seem to have an Egyptian origin. Scholarly estimates for how many people could have been involved in such an exodus range from a few hundred to a few thousand people.

Deuteronomistic history

Many scholars believe that the "Deuteronomist#Deuteronomistic history|Deuteronomistic history" preserved elements of ancient texts and oral tradition, including geo-political and socio-economic realities and certain information about historical figures and events. However, large portions of it are legendary and it contains many anachronisms.

The "Conquest Narrative" in Joshua and Judges

A major issue in the historicity debate was the narrative of the Israelite conquest of Canaan, described in Joshua and Judges. The American Albright school asserted that the biblical narrative of conquest would be affirmed by archaeological record; and indeed for much of the 20th century archaeology appeared to support the biblical narrative, including excavations at Beitin (identified as Bethel), Tel ed-Duweir, (identified as Lachish), Hazor, and Jericho.

However, flaws in the conquest narrative appeared. The most high-profile example was the "fall of Jericho", excavated by John Garstang in the 1930s. Garstang originally announced that he had found fallen walls dating to the time of the biblical Battle of Jericho, but later revised the destruction to a much earlier period. Kathleen Kenyon dated the destruction of the walled city to the middle of the 16th century (c. 1550 BCE), too early to match the usual dating of the Exodus to Pharaoh Ramses, on the basis of her excavations in the early 1950s. The same conclusion, based on an analysis of all the excavation findings, was reached by Piotr Bienkowski. By the 1960s it had become clear that the archaeological record did not, in fact, support the account of the conquest given in Joshua: the cities which the Bible records as having been destroyed by the Israelites were either uninhabited at the time, or, if destroyed, were destroyed at widely different times, not in one brief period. The consensus for the conquest narrative was eventually abandoned in the late 20th century.

In his view, the Book of Joshua conflates several independent battles between disparate groups over the centuries, and artificially attributes them to a single leader, Joshua. However, there are a few cases where the biblical record is not contradicted by the archaeological record. For example, stratum in Tel Hazor, found in a destruction layer from around 1200 BCE, shows signs of catastrophic fire, and cuneiform tablets found at the site refer to monarchs named Ibni Addi, where Ibni may be the etymological origin of Yavin (Jabin), the Canaanite leader referred to in the Hebrew Bible. The city also shows signs of having been a magnificent Canaanite city prior to its destruction, with great temples and opulent palaces, split into an upper acropolis and lower city; the town evidently had been a major Canaanite city. Finkelstein theorized that the destruction of Hazor was the result of civil strife, attacks by the Sea Peoples, and/or a result of the general collapse of civilization across the whole eastern Mediterranean in the Late Bronze Age, rather than being caused by the Israelites.

Amnon Ben-Tor (Hebrew University of Jerusalem) believes that recently unearthed evidence of violent destruction by burning verifies the biblical account. In 2012, a team led by Ben-Tor and Sharon Zuckerman discovered a scorched palace from the 13th century BC in whose storerooms they found 3,400-year-old ewers holding burned crops; however, Sharon Zuckerman did not agree with Ben-Tor's theory, and claimed that the burning was the result of the city's numerous factions opposing each other with excessive force. Biblical scholar Richard Elliot Friedman (University of Georgia) argues that the Israelites did destroy Hazor, but that such destruction fits better with the account of the Book of Judges, in which the prophetess Deborah defeats the king of Hazor.

Books of Samuel

The Books of Samuel are considered to be based on both historical and legendary sources, primarily serving to fill the gap in Israelite history after the events described in Deuteronomy. The battles involving the destruction of the Canaanites are not supported by archaeological record, and it is now widely believed that the Israelites themselves originated as a sub-group of Canaanites. The Books of Samuel exhibit too many anachronisms to have been compiled in the 11th century BCE. For example, there is mention of later armor (1 Samuel 17:4–7, 38–39; 25:13), use of camels (1 Samuel 30:17), and cavalry (as distinct from chariotry) (1 Samuel 13:5, 2 Samuel 1:6), iron picks and axes (as though they were common) (2 Samuel 12:31), sophisticated siege techniques (2 Samuel 20:15). There is a gargantuan troop called up (2 Samuel 17:1), a battle with 20,000 casualties (2 Samuel 18:7), and a reference to Kushite paramilitary and servants, clearly giving evidence of a date in which Kushites were common, after the 26th Dynasty of Egypt, the period of the last quarter of the 8th century BCE.

United Monarchy

Much of the focus of modern criticism has been the historicity of the United Monarchy of Israel, which according to the Hebrew Bible ruled over both Judea and Samaria around the 10th century BCE. Thomas L. Thompson, a leading minimalist scholar for example, has written:

There is no evidence of a United Monarchy, no evidence of a capital in Jerusalem or of any coherent, unified political force that dominated western Palestine, let alone an empire of the size the legends describe. We do not have evidence for the existence of kings named Saul, David or Solomon; nor do we have evidence for any temple at Jerusalem in this early period. What we do know of Israel and Judah of the tenth century does not allow us to interpret this lack of evidence as a gap in our knowledge and information about the past, a result merely of the accidental nature of archeology. There is neither room nor context, no artifact or archive that points to such historical realities in Palestine's tenth century. One cannot speak historically of a state without a population. Nor can one speak of a capital without a town. Stories are not enough.

In Iron Age IIa (corresponding to the Monarchal period) Judah seems to have been limited to small, mostly rural and unfortified settlements in the Judean hills. This contrasts to the upper Samaria which was becoming urbanized. This archaeological evidence as well as textual criticism has led many modern historians to treat Israel/Samaria and Judah as arising separately as distinct albeit related entities centered at Shechem and Jerusalem, respectively, and not as a united kingdom with a capital in Jerusalem.

Excavations at Khirbet Qeiyafa, an Iron age site located in Judah, support the biblical account of a United Monarchy. The Israel Antiquities Authority stated: "The excavations at Khirbat Qeiyafa clearly reveal an urban society that existed in Judah already in the late eleventh century BCE. It can no longer be argued that the Kingdom of Judah developed only in the late eighth century BCE or at some other later date."

The status of Jerusalem in the 10th century BCE is a major subject of debate. The oldest part of Jerusalem and its original urban core is the City of David, which does not show evidence of significant Judean residential activity until the 9th century. However, unique administrative structures such as the Stepped Stone Structure and the Large Stone Structure, which originally formed one structure, contain material culture dated to Iron I. On account of the apparent lack of settlement activity in the 10th century BCE, Israel Finkelstein argues that Jerusalem in the century was a small country village in the Judean hills, not a national capital, and Ussishkin argues that the city was entirely uninhabited. Amihai Mazar contends that if the Iron I/Iron IIa dating of administrative structures in the City of David are correct (as he believes), "Jerusalem was a rather small town with a mighty citadel, which could have been a center of a substantial regional polity."

Since Jerusalem has been destroyed and then subsequently rebuilt approximately 15 to 20 times since the time of David and Solomon, some argue much of the evidence of 10th century habitation could easily have been eliminated. However, Israel Finkelstein notes that significant architecture from later in the Iron Age (Iron IIb) has been found.

Since the discovery of the Tel Dan Stele dated to the 9th or 8th century BCE containing bytdwd, accepted as a reference to the "House of David" as a monarchic dynasty in Judah (another possible reference occurs in the Mesha Stele), the majority of scholars accept the existence of a polity ruled by David and Solomon, albeit on a more modest scale than described in the Bible. Most scholars believe that David and Solomon reigned over large sections of Cisjordan and probably parts of Transjordan. William G. Dever argues that David only reigned over the current territories of Israel and West Bank and that he did defeat the invading Philistines, but that the other conquests are fictitious.

New Testament

Historicity of Jesus

The majority of modern scholars of antiquity agree that Jesus existed historically, that he was baptized by John the Baptist and crucified by order of Roman prefect Pontius Pilate. The "quest for the historical Jesus" began as early as the 18th century, and has continued to this day. The most notable recent scholarship came in the 1980s and 1990s, with the work of J. D. Crossan, James D. G. Dunn, John P. Meier, E. P. Sanders and N. T. Wright being the most widely read and discussed. Other works on the matter were published by Dale Allison, Bart D. Ehrman, Richard Bauckham and Maurice Casey.

The earliest New Testament texts which refer to Jesus, the Pauline epistles, are usually dated in the 50s CE. Since Paul records very little of Jesus' life and activities, these are of little help in determining facts about the life of Jesus, although they may contain references to information given to Paul from the eyewitnesses of Jesus.

The discovery of the Dead Sea Scrolls has shed light into the context of 1st century Judea, noting the diversity of Jewish belief as well as shared expectations and teachings. For example, the expectation of the coming messiah, the beatitudes of the Sermon on the Mount and much else of the early Christian movement are found to have existed within apocalyptic Judaism of the period. This has had the effect of centering Early Christianity much more within its Jewish roots than was previously the case. It is now recognised that Rabbinic Judaism and Early Christianity are only two of the many strands which survived until the Jewish revolt of 66 to 70 CE.

Most historical critics agree that a historical figure named Jesus taught throughout the Galilean countryside c. 30 CE, was believed by his followers to have performed supernatural acts, and was sentenced to death by the Romans, possibly for insurrection.

Historicity of the Gospels

Most modern scholars hold that the canonical gospel accounts were written between 70 and 100, four to eight decades after the crucifixion, although based on earlier traditions and texts, such as "Q", Logia or sayings gospels, the passion account or other earlier literature (See List of Gospels). Some scholars argue that these accounts were compiled by witnesses although this view is disputed by other scholars.

Some scholars believe that the Gospel of Mark shows signs of a lack of knowledge of geographical, political and religious matters in Judea in the time of Jesus. Thus, today the most common opinion is that the author is unknown and both geographically and historically at a distance from the narrated events; however, opinion varies, and scholars such as Craig Blomberg accept the more traditional view. The use of expressions that may be described as awkward and rustic cause the Gospel of Mark to appear somewhat unlettered or even crude. This may be attributed to the influence that Saint Peter, a fisherman, is suggested to have on the writing of Mark. It is commonly thought that the writers of the Gospel of Matthew and Gospel of Luke used Mark as a source, with changes and improvement to peculiarities and crudities in Mark.

Historicity of Acts

Archaeological inscriptions and other independent sources show that Acts contains some accurate details of 1st century society with regard to titles of officials, administrative divisions, town assemblies, and rules of the Jewish temple in Jerusalem. However, the historicity of the depiction of Paul the Apostle in Acts is contested. Acts describes Paul differently from how Paul describes himself, both factually and theologically. Acts differs from Paul's letters on important issues, such as the Law, Paul's own apostleship, and his relation to the Jerusalem church. Scholars generally prefer Paul's account over that in Acts.

Schools of archaeological and historical thought

Overview of academic views

"The origins of the Bible are still cloaked in mystery. When was it written? Who wrote it? And how reliable is it as an historical record?" An educated reading of the biblical text requires knowledge of when it was written, by whom, and for what purpose. For example, many academics would agree that the Pentateuch was in existence some time shortly after the 6th century BCE, but they disagree about when it was written. Proposed dates vary from the 15th century BCE to the 6th century BCE. One popular hypothesis points to the reign of Josiah (7th century BCE). In this hypothesis, the events of, for example, Exodus would have happened centuries before they were finally edited.

An important point to keep in mind is the documentary hypothesis, which, using the biblical evidence itself, claims to demonstrate that our current version is based on older written sources that are lost. Although it has been modified heavily over the years, some scholars accept some form of this hypothesis. There have also been and are a number of scholars who reject it, for example Egyptologist Kenneth Kitchen and Old Testament scholar Walter Kaiser, Jr., as well as R. N. Whybray, Umberto Cassuto, O. T. Allis, Gleason Archer, John Sailhamer, and Bruce Waltke.

Maximalist–minimalist dichotomy

There is great scholarly controversy on the historicity of events recounted in the biblical narratives prior to the Babylonian captivity in the 6th century BCE. There is a split between scholars who reject the biblical account of Ancient Israel as fundamentally ahistorical, and those who accept it as a largely reliable source of history—termed biblical minimalists and biblical maximalists, respectively. The major split of biblical scholarship into two opposing schools is strongly disapproved by non-fundamentalist biblical scholars, as being an attempt by conservative Christians to portray the field as a bipolar argument, of which only one side is correct.

Recently the difference between the Maximalist and Minimalist has reduced, and a new school started with a work, The Quest for the Historical Israel: Debating Archaeology and the History of Early Israel by Israel Finkelstein, Amihai Mazar, and Brian B. Schmidt. This school argues that post-processual archaeology enables us to recognize the existence of a middle ground between minimalism and maximalism, and that both these extremes need to be rejected. Archaeology offers both confirmation of parts of the biblical record and also poses challenges to the interpretations made by some. The careful examination of the evidence demonstrates that the historical accuracy of the first part of the Old Testament is greatest during the reign of Josiah. Some feel that the accuracy diminishes the further backwards one proceeds from this date. This, they claim, would confirm that a major redaction of the texts seems to have occurred at about that date.

Biblical minimalism

The viewpoint sometimes called biblical minimalism generally holds that the Bible is principally a theological and apologetic work, and all stories within it are of an aetiological character. The early stories are held to have a historical basis that was reconstructed centuries later, and the stories possess at most only a few tiny fragments of genuine historical memory, which by their definition are only those points which are supported by archaeological discoveries. In this view, all of the stories about the biblical patriarchs are fictional, and the patriarchs mere legendary eponyms to describe later historical realities. Further, biblical minimalists hold that the twelve tribes of Israel were a later construction, the stories of King David and King Saul were modeled upon later Irano-Hellenistic examples, and that there is no archaeological evidence that the united Kingdom of Israel—where the Bible says that David and Solomon ruled over an empire from the Euphrates to Eilath—ever existed. Archaeological evidence suggesting otherwise, such as the Mesha Stele, is often rejected as allegorical.

It is hard to pinpoint when the movement started but 1968 seems to be a reasonable date. During this year, two prize-winning essays were written in Copenhagen; one by Niels Peter Lemche, the other by Heike Friis, which advocated a complete rethinking of the way we approach the Bible and attempt to draw historical conclusions from it.

In published books, one of the early advocates of the current school of thought known as biblical minimalism is Giovanni Garbini, Storia e ideologia nell'Israele antico (1986), translated into English as History and Ideology in Ancient Israel (1988). In his footsteps followed Thomas L. Thompson with his lengthy Early History of the Israelite People: From the Written & Archaeological Sources (1992) and, building explicitly on Thompson's book, P. R. Davies' shorter work, In Search of 'Ancient Israel' (1992). In the latter, Davies finds historical Israel only in archaeological remains, biblical Israel only in scripture, and recent reconstructions of "ancient Israel" to be an unacceptable amalgam of the two. Thompson and Davies see the entire Hebrew Bible (Old Testament) as the imaginative creation of a small community of Jews at Jerusalem during the period which the Bible assigns to after the return from the Babylonian exile, from 539 BCE onward. Niels Peter Lemche, Thompson's fellow faculty member at the University of Copenhagen, also followed with several titles that show Thompson's influence, including The Israelites in history and tradition (1998). The presence of both Thompson and Lemche at the same institution has led to the use of the term "Copenhagen school". The effect of biblical minimalism from 1992 onward was debate with more than two points of view.

Biblical maximalism

There is great scholarly controversy on the historicity particularly of those events recounted in the biblical narratives prior to the Babylonian captivity in the 6th century BCE. Regarding the debate over the historicity of ancient Israel, the maximalist position holds that the accounts of the United Monarchy and the early kings of Israel, David and Saul, are to be taken as largely historical.

Decreasing conflict

In 2001, Israel Finkelstein and Neil Asher Silberman published The Bible Unearthed: Archaeology's New Vision of Ancient Israel and the Origin of Its Sacred Texts which advocated a view midway toward biblical minimalism and caused an uproar among many conservatives. In the 25th anniversary issue of Biblical Archaeology Review (March/April 2001 edition), editor Hershel Shanks quoted several biblical scholars who insisted that minimalism was dying, although leading minimalists deny this and a claim has been made "We are all minimalists now" (an allusion to We are all Keynesians now).

Apart from the well-funded (and fundamentalist) "biblical archaeologists," we are in fact nearly all "minimalists" now.

— Philip Davies.

The fact is that we are all minimalists—at least, when it comes to the patriarchal period and the settlement. When I began my PhD studies more than three decades ago in the USA, the "substantial historicity" of the patriarchs was widely accepted as was the unified conquest of the land. These days it is quite difficult to find anyone who takes this view.

In fact, until recently I could find no 'maximalist' history of Israel since Wellhausen. ...In fact, though, "maximalist" has been widely defined as someone who accepts the biblical text unless it can be proven wrong. If so, very few are willing to operate like this, not even John Bright (1980) whose history is not a maximalist one according to the definition just given.

— Lester L. Grabbe.

In 2003, Kenneth Kitchen, a scholar who adopts a more maximalist point of view, authored the book On the Reliability of the Old Testament. Kitchen advocated the reliability of many (although not all) parts of the Torah and in no uncertain terms criticizes the work of Finkelstein and Silberman, to which Finkelstein has since responded.

Jennifer Wallace describes archaeologist Israel Finkelstein's view in her article "Shifting Ground in the Holy Land", appearing in Smithsonian Magazine, May 2006:

He (Israel Finkelstein) cites the fact—now accepted by most archaeologists—that many of the cities Joshua is supposed to have sacked in the late 13th century B.C. had ceased to exist by that time. Hazor was destroyed in the middle of that century, Ai was abandoned before 2000 B.C. Even Jericho (Tell es-Sultan), where Joshua is said to have brought the walls tumbling down by circling the city seven times with blaring trumpets, was destroyed in 1500 B.C. Now controlled by the Palestinian Authority, the Jericho site consists of crumbling pits and trenches that testify to a century of fruitless digging.

However, despite problems with the archaeological record, some maximalists place Joshua in the mid-second millennium, at about the time the Egyptian Empire came to rule over Canaan, and not the 13th century as Finkelstein or Kitchen claim, and view the destruction layers of the period as corroboration of the biblical account. The destruction of Hazor in the mid-13th century is seen as corroboration of the biblical account of the later destruction carried out by Deborah and Barak as recorded in the Book of Judges. The location that Finkelstein refers to as "Ai" is generally dismissed as the location of the biblical Ai, since it was destroyed and buried in the 3rd millennium. The prominent site has been known by that name since at least Hellenistic times, if not before. Minimalists all hold that dating these events as contemporary are etiological explanations written centuries after the events they claim to report.

Both Finkelstein and Silberman do accept that David and Solomon were really existing persons (not kings but bandit leaders or hill country chieftains) from Judah about the 10th century BCE, but they do not assume that there was such a thing as United Monarchy with a capital in Jerusalem.

The Bible reports that Jehoshaphat, a contemporary of Ahab, offered manpower and horses for the northern kingdom's wars against the Arameans. He strengthened his relationship with the northern kingdom by arranging a diplomatic marriage: the Israelite princess Athaliah, sister or daughter of King Ahab, married Jehoram, the son of Jehoshaphat (2 Kings 8:18). The house of David in Jerusalem was now directly linked to (and apparently dominated by) the Israelite royalty of Samaria. In fact, we might suggest that this represented the north's takeover by marriage of Judah. Thus in the ninth century BCE—nearly a century after the presumed time of David—we can finally point to the historical existence of a great united monarchy of Israel, stretching from Dan in the north to Beer-sheba in the south, with significant conquered territories in Syria and Transjordan. But this united monarchy—a real united monarchy—was ruled by the Omrides, not the Davidides, and its capital was Samaria, not Jerusalem.

— Israel Finkelstein and Neil Asher Silberman

Others, such as David Ussishkin, argue that those who follow the biblical depiction of a United Monarchy do so on the basis of limited evidence while hoping to uncover real archaeological proof in the future. Gunnar Lehmann suggests that there is still a possibility that David and Solomon were able to become local chieftains of some importance and claims that Jerusalem at the time was at best a small town in a sparsely populated area in which alliances of tribal kinship groups formed the basis of society. He goes on further to claim that it was at best a small regional centre, one of three to four in the territory of Judah and neither David nor Solomon had the manpower or the requisite social/political/administrative structure to rule the kind of empire described in the Bible.

These views are strongly criticized by William G. Dever, Helga Weippert, Amihai Mazar and Amnon Ben-Tor.

André Lemaire states in Ancient Israel: From Abraham to the Roman Destruction of the Temple that the principal points of the biblical tradition with Solomon as generally trustworthy, as does Kenneth Kitchen, who argue that Solomon ruled over a comparatively wealthy "mini-empire", rather than a small city-state.

Recently, Finkelstein has joined with the more conservative Amihai Mazar to explore the areas of agreement and disagreement and there are signs the intensity of the debate between the so-called minimalist and maximalist scholars is diminishing. This view is also taken by Richard S. Hess, which shows there is in fact a plurality of views between maximalists and minimalists. Jack Cargill has shown that popular textbooks not only fail to give readers up-to-date archaeological evidence, but that they also fail to correctly represent the diversity of views present on the subject. Megan Bishop Moore and Brad E. Kelle provide an overview of the respective evolving approaches and attendant controversies, especially during the period from the mid-1980s through 2011, in their book Biblical History and Israel's Past.

Friday, December 31, 2021

Equal pay for equal work

From Wikipedia, the free encyclopedia

Equal pay for equal work is the concept of labour rights that individuals in the same workplace be given equal pay. It is most commonly used in the context of sexual discrimination, in relation to the gender pay gap. Equal pay relates to the full range of payments and benefits, including basic pay, non-salary payments, bonuses and allowances. Some countries have moved faster than others in addressing equal pay.

Early history

As wage-labour became increasingly formalized during the Industrial Revolution, women were often paid less than their male counterparts for the same labour, whether for the explicit reason that they were women or under another pretext. The principle of equal pay for equal work arose at the sames part of first-wave feminism, with early efforts for equal pay being associated with nineteenth-century Trade Union activism in industrialized countries: for example, a series of strikes by unionized women in the UK in the 1830s. Pressure from Trade Unions has had varied effects, with trade unions sometimes promoting conservatism. Carrie Ashton Johnson was an American suffragist who related equal pay and wages of women in the industrial workforce to the issue of women's suffrage. In 1895, she was quoted by the Chicago Tribune as having said, "When women are given the ballot, there will be equal pay for equal work." However, following the Second World War, trade unions and the legislatures of industrialized countries gradually embraced the principle of equal pay for equal work; one example of this process is the UK's introduction of the Equal Pay Act 1970 in response both to the Treaty of Rome and the Ford sewing machinists strike of 1968. In recent years European trade unions have generally exerted pressure on states and employers for progress in this direction.

International human rights law

In international human rights law, the statement on equal pay is the 1951 Equal Remuneration Convention, Convention 100 of the International Labour Organization, a United Nations body. The Convention states that

Each Member shall, by means appropriate to the methods in operation for determining rates of remuneration, promote and, in so far as is consistent with such methods, ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value.

Equal pay for equal work is also covered by Article 7 of the International Covenant on Economic, Social and Cultural Rights, Article 4 of the European Social Charter, and Article 15 of African Charter on Human and Peoples' Rights. The Constitution of the International Labour Organization also proclaims "the principles of equal remuneration for equal value".

The EEOC's four affirmative defenses allows unequal pay for equal work when the wages are set "pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) ... any other factor other than sex." A pay differential due to one of these factors is not in breach of the convention.

Legal situation by jurisdiction

European Union/European Economic Area

Post-war Europe has seen a fairly consistent pattern in women's participation in the labour market and legislation to promote equal pay for equal work across Eastern and Western countries.

Some countries now in the EU, including France, Germany, and Poland, had already enshrined the principle of equal pay for equal work in their constitutions before the foundation of the EU (see table below). When the European Economic Community, later the European Union (EU), was founded in 1957, the principle of equal pay for equal work was named as a key principle. Article 141 of the Treaty of Rome says 'each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied.' While socially progressive, this decision does not necessarily indicate widespread progressive attitudes among the signatories to the treaty:

While this is often viewed as an example of the progressive nature of the European community, some argue that Article 141 (previously 119) was included largely as a concession to the French who already had equal pay legislation and feared that they would be at a comparative disadvantage.

The EEC's legislation was clarified in 1975 by the binding and directly applicable equal pay directive 75/117/EEC. This prohibited all discrimination on the grounds of sex in relation to pay; this and other directives were integrated into a single Directive in 2006 (2006/54/EC).

At the national level the principle of equal pay is in general fully reflected in the legislation of the 28 EU member states and the additional countries of the European Economic Area (EEA), Iceland, Liechtenstein and Norway. The EU candidate countries of Macedonia and Turkey also adapted their legislation to EU standards. The main national legislation concerning pay equity between men and women for different European countries is as follows.

Country Main legal provisions
Austria The 1979 Act on Equal Treatment on Men and Women (as amended since)
Belgium The 1999 Law on Equal Treatment for Men and Women (Articles 12 and 25) and the Royal Decree of 9 December 1975
Bulgaria Equal pay for equal work included in the labour code
Czech Republic Remuneration for work is regulated by Act no. 1/1992 Coll. on pay, remuneration for overtime, and average income and by Act no. 43/1991 Coll. on pay and remuneration for overtime in state and some other organisations and bodies.
Denmark The 1976 Act on Equal Pay for Men and Women, as amended since to include additional points
Finland The 1995 Constitution (section 5, paragraph 4) and the Act on Equality between Men and Women (section 8, paragraph 2)
France The 1946 Constitution and Articles L.140.2 and thereafter of the Labour Code
Germany The 1949 Constitution or "Basic Law" (Article 3)
Greece The 1975 Constitution (Article 22(1)), as amended in 2001, and Law 1484/1984 (Article 4)
Hungary Equal pay for equal work was previously included in the constitution, but it has changed; there is now only equality between men and women, and the pay is in the Labour Code.
Iceland The 1961 Equal pay act (#60/1961), 1976 Law for Equality between women and men (#78/1976), 2008 Act on Equal Status and Equal Rights of Women and Men (#10/2008) and the amendment added to the law in 2017: Law on equal pay certification  according to the Equal Pay Standard introduced in 2012 (ÍST 85:2012)
Ireland The 1998 Employment Equality Act (IE9909144F), repealing the 1974 Anti-Discrimination (Pay) Act and the 1977 Employment Equality Act
Israel The 1998 Law for Option Equality at Work and the 1996 Law for Equal Pay for Female Worker and Male Worker
Italy The Constitution (Articles 3 and 37), Law 903/1977 (Article 2), and Law 125/1991
Latvia Equal pay for equal work included in the labour code
Liechtenstein Equal pay for equal work included in the civil code
Lithuania Equal pay for equal work included in the labour code
Luxembourg The 1981 law relating to equal treatment between men and women and the 1974 Grand-Ducal Regulation of relating to equal pay for men and women (Articles 1, 2, 3(1), 3(2) and 4)
Malta The Constitution (Article 14) and the Equality for Men and Women Act
Netherlands The Constitution (Article 1) and the 1994 Law on Equal Treatment
Norway The 1978 Act on Gender Equality
Poland The 1997 Constitution, Chapter II, Article 33.2 enshrined the equal pay for equal work principle, already included in the 1952 Constitution.
Portugal The Constitution (Article 59) and Law 105/1997 relating to equal treatment at work and in employment
Romania Equal pay for equal work included in the constitution
Slovakia Equal pay for equal work included in the constitution
Spain The Constitution (Article 35) and the Workers' Statute (Articles 17 and 28).
Sweden The 1980 Act on Equality between Men and Women/Equal Opportunities Act, as amended since
UK The Equal Pay Act 1970, as amended by Equal Value Regulations of 1983, and the Sex Discrimination Act of 1975 and 1986, superseded by the Equality Act 2010

2018 Update Law on Equal Pay Certification based on the Equal Pay Standard in Iceland

Iceland introduced an Equal Pay Standard in 2012, ÍST 85:2012 (Equal wage management system - Requirements and guidance). The standard was developed by the Icelandic trade unions, the employers’ confederation and government officials with the goal in mind that it would help employers prevent salary discrimination and enable them to become certified.

In 2017, the Icelandic government decided to add an amendment to the 2008 laws Act on Equal Status and Equal Rights of Women and Men (#10/2008). The amendment is a law on equal pay certification and was put into effect on January 1 in 2018. According to the amendment companies and institutions employing 25 or more workers, on annual basis, will be required to obtain equal pay certification of their equal pay system and the implementation thereof. The purpose of this obligatory certification is to enforce the current legislation prohibiting discriminatory practices based on gender and requiring that women and men working for the same employer shall be paid equal wages and enjoy equal terms of employment for the same jobs or jobs of equal value.

United States

Federal law: Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964

By the 20th century, women made up about a quarter of United States workforce but were still paid far less than men, whether it was the same job or a different job. There were different laws for women in some states such as, not working at night and restriction of their working hours. Women started entering more factory jobs when World War II began to replace men who were enlisted in the military. The wage gap continued to escalate during the war. The National War Labor Board put policies in place to help provide equal pay for women who were directly replacing men.

The first attempt at equal pay legislation in the United States, H.R. 5056, "Prohibiting Discrimination in Pay on Account of Sex," was introduced by Congresswoman Winifred C. Stanley of Buffalo, N.Y. on June 19, 1944. Twenty years later, legislation passed by the federal government in 1963 made it illegal to pay men and women different wage rates for equal work on jobs that require equal skill, effort, and responsibility, and are performed under similar working conditions. One year after passing the Equal Pay Act, Congress passed the 1964 Civil Rights Act. Title VII of this act makes it unlawful to discriminate based on a person's race, religion, color, or sex. Title VII attacks sex discrimination more broadly than the Equal Pay Act extending not only to wages but to compensation, terms, conditions or privileges of employment. Thus with the Equal Pay Act and Title VII, an employer cannot deny women equal pay for equal work; deny women transfers, promotions, or wage increases; manipulate job evaluations to relegate women's pay; or intentionally segregate men and women into jobs according to their gender.

Since Congress was debating this bill at the same time that the Equal Pay Act was coming into effect, there was concern over how these two laws would interact, which led to the passage of Senator Bennett's Amendment. This Amendment states: "It Shall not be unlawful employment practice under this subchapter for any employer to differentiate upon the basis of sex ... if such differentiation is authorized by the provisions of the [Equal Pay Act]." There was confusion on the interpretation of this Amendment, which was left to the courts to resolve. Thus US federal law now states that "employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed under similar working conditions within the same establishment."

New York state

In 1944, the state of New York outlawed wage discrimination based on one's gender. On 10 July 2019, New York Governor Andrew Cuomo signed into law legislation guaranteeing equal pay for equal work regardless of one's gender. This builds on the 1944 law by prohibiting employers from asking job candidates about their previously salary, a loophole that has had a history of enforcing pay inequality based on gender. Cuomo signed the law in tandem with the 2019 Women's World Cup victory parade in New York City.

Washington state

In Washington, Governor Evans implemented a pay equity study in 1973 and another in 1977. The results clearly showed that when comparing male and female dominated jobs there was almost no overlap between the averages for similar jobs and in every sector, a twenty percent gap emerged. For example, a food service worker earned $472 per month, and a Delivery Truck Driver earned $792, though they were both given the same number of "points" on the scale of comparable worth to the state. Unfortunately for the state, and for the female state workers, his successor Governor Dixie Lee Ray failed to implement the recommendations of the study (which clearly stated women made 20 percent less than men). Thus in 1981, AFSCME filed a sex discrimination complaint with the EEOC against the State of Washington. The District Court ruled that since the state had done a study of sex discrimination in the state, found that there was severe disparities in wages, and had not done anything to ameliorate these disparities, this constituted discrimination under Title VII that was "pervasive and intentional." The Court then ordered the State to pay its over 15,500 women back pay from 1979 based on a 1983 study of comparable worth. This amounted to over $800 million. However, the United States Court of Appeals for the Ninth Circuit overturned this decision, stating that Washington had always required their employees' salaries to reflect the free market, and discrimination was one cause of many for wage disparities. The court stated, "the State did not create the market disparity ... [and] neither law nor logic deems the free market system a suspect enterprise." While the suit was ultimately unsuccessful, it led to state legislation bolstering state workers’ pay. The costs for implementing this equal pay policy was 2.6% of personnel costs for the state.

Minnesota

In Minnesota, the state began considering a formal comparable worth policy in the late 1970s when the Minnesota Task Force of the Council on the Economic Status of Women commissioned Hay Associates to conduct a study. The results were staggering and similar to the results in Washington (there was a 20% gap between state male and female workers pay). Hay Associates proved that in the 19 years since the Equal Pay Act was passed, wage discrimination persisted and had even increased over from 1976 to 1981. Using their point system, they noted that while delivery van drivers and clerk typists were both scaled with 117 points each of "worth" to the state, the delivery van driver (a male-dominated profession) was paid $1,382 a month while the clerk typist (a female dominated profession) was paid $1,115 a month. The study also noted that women were severely underrepresented in manager and professional positions, and that state jobs were often segregated by sex. The study finally recommended that the state take several courses of action: 1) establish comparable worth considerations for female-dominated jobs; 2) set aside money to ameliorate the pay inequity; 3) encourage affirmative action for women and minorities and 4) continue analyzing the situation to improve it. The Minnesota Legislature moved immediately in response. In 1983 the state appropriated 21.8 million dollars to begin amending the pay disparities for state employees. From 1982 to 1993, women's wages in the state increased 10%. According to the Star Tribune, in 2005 women in Minnesota state government made 97 cents to the dollar, ranking Minnesota as one of the most equal for female state workers in the country. Five years later in 2010, full pay equity for women in state employment was finally achieved, with recurring, typically minor pay adjustments in local governments occurring regularly.

Federal law: Lilly Ledbetter Fair Pay Act

In 2009, President Obama signed the Lilly Ledbetter Fair Pay Act, permitting women to sue employers for unfair pay up to 180 days after receiving an unfair paycheck. On 29 January 2016, he signed an executive order obliging all companies with at least 100 employees to disclose the pay of all workers to the federal government, with breakdowns of pay by race, gender, and ethnicity. The goal is to encourage employers to give equal pay for equal work by increasing transparency.

Massachusetts

In August 2016, Massachusetts Governor Charlie Baker signed a bill to improve upon the already existing Massachusetts Equal Pay Act. On July 1, 2018, this updated amendment went into effect to protect employees from being asked their previous salary by their current employer. Governor Baker sought change in the current system after recognizing that women in their respective fields, on average, were making 76 cents on the dollar compared to men doing the same job. Under the updated Massachusetts Equal Pay Act, employers are not allowed to have disparity in pay for employees doing a job that requires the same level of skill, effort, and responsibility. The Massachusetts Equal Pay Act only permits differences in pay when it is based on merit, seniority, revenue generated, education, and location or travel. At the time of its arrival in 2018, the Massachusetts Equal Pay Act became the strongest advocate for equal pay between genders in the United States. It became the first state to provide affirmative defense to employers under the condition they have performed a self-audit of their pay practices. In order to be protected, there needs to be proven record of efforts made to close the disparity in pay before they become liable for double of the discriminated employee’s lost wages.

State and local laws, 2010s

California and New York City have adopted laws which prohibit employers from asking about salary history to determine the salary that will be offered for a new job. This is intended to narrow the gender pay gap by reducing the impact of past discrimination. Many other U.S. states were considering similar laws, as of May 2017.

Australia

In 1948, the Universal Declaration of Human Rights started to recognize equal pay for equal work. The Equal Remuneration Convention was released in 1951 by the International Labour Organization. The convention stated that it recommends jobs to be classified according to the nature of the work rather than who is performing the work. Women and men participated in protests, calling the government to fix the 1951 convention and make equal pay the law in Australia. In 1969, there was a case brought to the ACAC by the Australasian Meat Industry Employees Union against the Meat and Allied Trades Federation. Workers argued for equal pay for every employee and the ruling of the commission was that the general female award minimum wage at 85 per cent of the male wage. This decision helped equal pay for women who were working the same job that traditionally the men would do, but all the other women got the 85 per cent. In 1972 the decision was reassessed and rules that either women or men who are working at a similar job that has a similar value, are eligible for the same working rate.

Under Australia's old centralised wage fixing system, "equal pay for work of equal value" by women was introduced in 1969. Anti-discrimination on the basis of sex was legislated in 1984.

Canada

In Canadian usage, the terms pay equity and pay equality are used somewhat differently from in other countries. The two terms refer to distinctly separate legal concepts.

Pay equality, or equal pay for equal work, refers to the requirement that men and women be paid the same if performing the same job in the same organization. For example, a female electrician must be paid the same as a male electrician in the same organization. Reasonable differences are permitted if due to seniority or merit.

Pay equality is required by law in each of Canada’s 14 legislative jurisdictions (ten provinces, three territories, and the federal government). Note that federal legislation applies only to those employers in certain federally regulated industries such as banks, broadcasters, and airlines, to name a few. For most employers, the relevant legislation is that of the respective province or territory.

For federally regulated employers, pay equality is guaranteed under the Canadian Human Rights Act. In Ontario, pay equality is required under the Ontario Employment Standards Act. Every Canadian jurisdiction has similar legislation, although the name of the law will vary.

In contrast, pay equity, in the Canadian context, means that male-dominated occupations and female-dominated occupations of comparable value must be paid the same if within the same employer. The Canadian term pay equity is referred to as "comparable worth" in the US. For example, if an organization's nurses and electricians are deemed to have jobs of equal importance, they must be paid the same. One way of distinguishing the concepts is to note that pay equality addresses the rights of women employees as individuals, whereas pay equity addresses the rights of female-dominated occupations as groups.

Certain Canadian jurisdictions have pay equity legislation while others do not, hence the necessity of distinguishing between pay equity and pay equality in Canadian usage. For example, in Ontario, pay equality is guaranteed through the Ontario Employment Standards Act while pay equity is guaranteed through the Ontario Pay Equity Act. On the other hand, the three westernmost provinces (British Columbia, Alberta, and Saskatchewan) have pay equality legislation but no pay equity legislation. Some provinces (for example, Manitoba) have legislation that requires pay equity for public sector employers but not for private sector employers; meanwhile, pay equality legislation applies to everyone.

India

Constitutional protections

As part of its Directive Principles of State Policy, the Constitution of India through Article 39 envisages that all states ideally direct their policy towards securing equal pay for equal work for both men and women, and also ensuring that men and women have the right to an adequate means of livelihood. While these Directive Principles are not enforceable by any court of law, they are crucial to the governance of the country and a state is duty bound to consider them while enacting laws.

While “equal pay for equal work” is not expressly a constitutional right, it has been read into the Constitution through the interpretation of Articles 14, 15 and 16 – which guarantee equality before the law, protection against discrimination and equality of opportunity in matters of public employment. The Supreme Court of India has also declared this to be a constitutional goal, available to every individual and capable of being attained through the enforcement of their fundamental rights set out in Articles 14 through 16. In a popular Supreme Court decision, the conditions of employment of the air-hostesses of Air India was challenged. The terms of employment required the mandatory retirement of females: (i) upon attaining the age of 33; (ii) if they were married within four years of service; or (iii) upon their first pregnancy. The court however struck down these provisions and held them to be arbitrary and discriminatory as it violated Articles 14, 15 and 16 of the Constitution.

Statutory Protection

In 1976, the Equal Remuneration Act was passed with the aim of providing equal remuneration to men and women workers and to prevent discrimination on the basis of gender in all matters relating to employment and employment opportunities. This legislation not only provides women with a right to demand equal pay, but any inequality with respect to recruitment processes, job training, promotions, and transfers within the organization can also be challenged under this Act. However, its scope does not extend to situations where: (i) a woman is attempting to comply with the requirements of laws giving women special treatment; and (ii) a woman is being accorded special treatment on account of the birth of a child, or the terms and conditions relating to retirement, marriage or death. Companies and individual employers can both be held accountable to maintain the standards prescribed under this Act. In various cases, the Supreme Court of India has also held that discrimination on the basis of gender only arises when men and women perform the same work or work of a similar nature. However, it clarified that a flexible approach is required to be taken while deciding which kinds of work may be similar by considering the duties actually performed as a part of the job, and not the duties potentially capable of being performed.

Taiwan

Taiwan legislated the Act of Gender Equality in Employment in 2002. It regulates that an employer must give the same salary to the workers who do the same work. The law prescribes that employers shall not discriminate against employees because of their gender or sexual orientation in the case of paying wages. Employees shall receive equal pay for equal work or equal value. However, if such differentials are the result of seniority systems, award and discipline systems, merit systems or other justifiable reasons of non-sexual or non-sexual-orientation factors, the above-mentioned restriction shall not apply. Employers may not adopt methods of reducing the wages of other employees in order to evade the stipulation of the preceding paragraph.

Criticism

Criticisms of the principle of equal pay for equal work by women include criticism of the mechanisms used to achieve it and the methodology by which the gap is measured. Some believe that government actions to correct gender pay disparity serve to interfere with the system of voluntary exchange. They argue the fundamental issue is that the employer is the owner of the job, not the government or the employee. The employer negotiates the job and pays according to performance, not according to job duties. The issue with that is men are perceived to be high performers based on the same skill that a woman would have been able to do. A private business would not want to lose its best performers by compensating them less and can ill afford paying its lower performers higher because the overall productivity will decline. However, the Independent Women's Forum cites another study that prognosticates the wage gap possibly disappearing "when controlled for experience, education, and number of years on the job".

The difference between equal pay for equal work and equal pay for work of equal value

Equal pay for equal work Equal pay for work of equal value
Equal pay compares the pay of incumbents in the same or very similar jobs. Pay equity compares the value and pay of different jobs, such as nurse and electrician.
In Canada, either men or women can complain that their work is undervalued. If a male incumbent is paid less than a female incumbent in the same job, he can file a complaint. As well, a woman or man can complain if she or he is paid less than a man or woman in the same job. In Canada, only people (both men and women) in jobs traditionally reserved for women can complain that their work is undervalued. If nurses are paid less than electricians by the same employer, then they can file a complaint.

According to the Washington Center for Equitable Growth using data from the Bureau of Labor Statistics, occupations that are more male dominated tend to be paid better regardless of skill or education level.

For example, it often requires a similar level of skill and education to be an electrician as it does to be a nurse. However, electricians, a male-dominated field, earn more than nurses, a female-dominated field. In situations where, for example, the electrician is performing their job 200 feet above the base floor of an offshore oil rig, then pay should be higher because the risks are likewise higher. However, this doesn't explain the gap between the average work of electricians.

A criticism to equal pay for work of equal value is the lack of proper comparation mechanisms, it is based on subjective impressions and not based on real facts and statistics. As in previous example, checking statistic data from US BLS, we can prove that it is a false statement that electricians earn more than nurses. Based on the statistics electricians earn ~1015$/weekly while nurses earn ~1223$/weekly, so in this case proving that nurses, a female dominated field, earn more than electricians, a male dominated field.

Transparency laws

A woman holding up a sign protesting that she earns less than a "him" (a male coworker) for the same work.

Transparency laws require companies to disclose wages to employees or the government. This can reduce the gender pay gap by allowing women to negotiate for equivalent pay (rather than a salary history which may reflect past discrimination) and by shaming employers into treating men and women equally.

Entropy (information theory)

From Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Entropy_(information_theory) In info...