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Carlton Herzog

Should Murder Be Legalized?

by Carlton Herzog

INTELLIGENCE SQUARED DEBATE, August 21, 2064

QUESTION: SHOULD MURDER BE LEGALIZED?

Arguing for the motion, Carlton Herzog, Professor Emeritus, Miskatonic Institute for Social Philosophy.

Arguing against the motion, Cardinal Clarence Dowd, Vatican Institute for Social Justice.

Moderator: “Gentlemen, please proceed with your opening statements.”

Professor Herzog: “Black’s Law Dictionary defines murder as the unlawful killing of one person by another. One must infer from such a definition that prohibitions against killing are situational rather than absolute. Voltaire famously said, ‘all murderers are punished unless they kill in large numbers and to the sound of trumpets.’”  

“Voltaire implied that humans have been hardwired to embrace mass killing. To confirm that truth, one need only follow the Darwinian vapor trails streaming behind the brutal blood-soaked killing fields of modern warfare to the penumbral days of our ruthless, often cannibalistic, ancestors.”

Cardinal Dowd: “All life is God given and therefore sacred. To deny that truth is to condemn mankind to a life of butchery and madness.”

Professor Herzog: “The prohibition against murder rests on the legal fiction that killing is wrong. That fiction does not enjoy the same inviolable status as physical constants, such as the force of gravity and the speed of light.”

“We live in a nation where the national pastime is mass murder. Does my venerable adversary forget that the United States dropped two nuclear bombs on Japan, firebombed Dresden, and carpet-bombed North Vietnamese civilians? If life be sacred, then how does he explain half a million souls dying in the American Civil War, fifteen million in World War I, and another fifty million in World War II. Let us not forget the Rwandan and Serbian genocides, the two Iraq wars, and the Syrian civil war.  Killing is as American as apple pie whether it be by school shooters, gang members, abortion clinics, or Kevorkians. Killing is baked into American DNA.”

Cardinal Dowd: “Our debate tonight focuses on the legalization of murder by private citizens, and not the justifications or lack thereof for armed conflict. To grant all your citizens the right to use deadly force for good reason or no reason flies in the face of common sense. Look no further than Chicago’s inner city with its poverty and gang violence to see the fruits of unrestrained lethal behavior. The area has fragmented into warring tribes trapped in a never-ending cycle of retribution.”

Professor Herzog: “Then what of MAD, or mutually assured destruction, employed by nuclear states. The fear of an equally devastating retaliation from the target has kept the nuclear peace for 75 years. The desire to kill one’s enemies is balanced by the fear of being killed in kind. Therefore, the practical benefit of a homicidal society would be a massive reduction in military spending. Only a nation of suicidal fools would dare attack America.”

Cardinal Dowd: “Legalized murder cheapens human life, reduces people to things, and insults God.”

Professor Herzog: “When potential victims can sidestep a police investigation and a lengthy legal process to mete out speedy justice, potential criminals have a powerful incentive not to offend. Further, the assertion that God is offended by killing is palpably absurd.  The Abrahamic God was more than willing to eradicate all of humanity with the Flood, the righteous and the wicked alike, including children. In Revelations, He promises to do the same with fire. In between those two divine apocalypses, lies the rampages of God’s genocidal bagmen Joshua and Moses. Their conversion methodology relied heavily on the mass extermination of entire populations including their domesticated animals. It is that same hideous morality that informed the butchery of the Islamic conquest, the Mongol Invasion, the Mayan death cult, and ultimately the Soviet gulags.”

Cardinal Dowd: “I commend the Professor on his artful logic. But it is insensitive to the essential dignity of man as a creature fashioned in the image of a loving God. To be sure, the fragile clay of human nature lends itself to perversions of the most heinous kind. Yet, it also produces, if not murdered in its sleep, the most beautiful and profound things.  It is as, the great Abraham Lincoln once said, we must cultivate “the angels of our better nature” and not be led astray by our inner devils.”

Professor Herzog: “when I look in the mirror, or at another man, I do not see the angelic. Instead, I see the stamp of an irrevocable expiration date. To paraphrase Shakespeare’s Macbeth, life is an exercise in futility, a tale of sound and fury told by an idiot who struts and frets upon the stage and is seen and heard no more.” 

“If that nihilistic arc seems extreme and inhumane, then it would be well to consider that at bottom man is 90% water and two dollars-worth of drug store chemicals. Those chemicals combine to produce cells, 90% of which belong to non-human organisms, such as bacteria, fungi, and viruses. Indeed, when the ontological drill bores deeper, it finds that human existence is a haphazard temporary organization of molecules. In the grand scheme of things, one human killing another is merely the shifting of electrons from a coherent phase state to one more chaotic and open-ended. To borrow from Empedocles, ‘Already have [we] been a boy and a girl. A bush and a bird, and a silent fish in the sea.’”

“Let us give Darwin his due. Genetically, our closest common ancestor is the murderous, sometimes cannibalistic chimpanzee. That we are not a consistently reasoning animal, that our heads contain dark animal impulses, and that our brains are imperfect instruments should come as no surprise. The shadow of our checkered evolutionary past often falls and elongates over our so-called civilized lives. For despite our trousers and phones, we remain beasts of the dark woods and caves.  The hairy and elongated canines may have shrunk, the screeches and ululations may have given over to language, and ballistic fecal matter may be a thing of the past, but we remain intimately tied by our very chromosomes to those voiceless souls we cage and medically exploit.  We treat them as meaningless nobodies. What then is the great truth that elevates our worth over theirs other than the strong dominate and exploit the weak?”

Cardinal Dowd: “I cannot share your dim view of life as an exercise in futility.  Even if one accepts the rather demoralizing truth of evolution, one can marvel at how far we have come from the simple single-celled organisms that floated in the primordial sea. We became fish, and those fish grew legs and walked on land, and later evolved into primates going on all fours. Then we walked upright and looked to the horizon of our possibilities. Now we have walked on the moon and Mars. I submit that those are far from nothing. They are everything.”

Professor Herzog: “At the most fundamental level, killing is the driver of evolution, helping to eliminate suspect adaptations from the gene pool. With the advent of agricultural abundance and medical technology, humans in the more advanced nations have grown soft. The civilized demographic is addicted to passive entertainment. We have become nations of lookers, watchers, gawkers, and spectators whose life experiences are vicarious thrills obtained through digital feeds. Compounding the matter is the infantilizing effects of intrusive paternalistic governments that insist on protecting the citizenry from itself.”

“Lacking any real existential challenges, our so-called civilized man is devolving into a bipedal jellyfish, lacking the grit and spine of his hardier ancestors. In short, civilized man has no skin in the game of his own existence. He has become a vain decadent thing with an undeserved sense of entitlement. It is that lack of any real humility and perspective that accounts for his wanton disregard for the environment and contempt for nature.”

“Legalizing murder vaccinates the public against the disease of apathy and self-satisfaction. Man’s greatest achievements have occurred when the risks were greatest, and the outcomes were uncertain. To legalize murder is repurpose lethal killing into a focused driver of human evolution and enduring achievement. Survival is that much sweeter when it is earned by dint of our evolved cunning and intelligence, rather than a guaranteed government hand-out.”

Cardinal Dowd: “I am sad that you have such little regard for your own kind. It must truly horrible to be a self-loathing human. I must wonder what childhood trauma caused such a twist in your personality.”

Professor Herzog: “Ad hominem attacks on me, couched in pseudo psychology cannot hide the truth that legalizing murder would be an economic boon.  First, it would relieve the overburdened criminal justice system of investigating capitol cases and housing offenders for life while their appeals drag on for decades. Second, a state licensed and taxed murder for hire industry would contribute enormously to government coffers. Third, the legalization of murder would spawn any number of new businesses:  murder insurance, corpse disposal, murder protection academies, and deadly arts academies. Finally, the dagger, explosives, gun and poison industries would enjoy a long-awaited rebirth.”

Cardinal Dowd: “Your argument makes as much sense as sawing the portion of tree limb between where you are sitting and the trunk.  What do you suppose will happen when corporate heads, doctors, and lawyers wind up at the end of a loaded gun barrel? The day-to-day operation of society would ground to a halt without their coordinating and essential influences. What is to stop a would-be murderer from strolling into an operating room and executing the entire team during an operation?  Or a disgruntled air traveler from stabbing a pilot, an irate felon from strangling a judge?  If murder be legal, then it makes little sense to outlaw any lesser offense.  The nominal benefits flowing from the increased commercial traffic would be more than offset by the rampant chaos. You seem to forget that group cohesion. and other eusocial behaviors are the driving force behind the rise of civilization. If man had opted for killing members of his group, there would have been no one to hunt or gather food, or care for children. Cooperation, the very glue of civilization, would cease to hold things together.”

“I cannot accept the premise that no natural constraints on lethal conduct exist outside man made law. Most mammals operate in groups, from wolves to whales, elephants to chimpanzees.  Rarely, if ever do members of the same animal group murder one another, however ferocious their interpersonal combat for dominance make take. Foraging and hunting are a collaborative effort. If we accept as true your premise that we live in coldly indifferent and random universe, then carving out a modicum of certainty in human affairs is paramount to our personal and collective sanity. If individuals can only feel secure when they sleep with one eye open, pistol in hand, then paranoia and schizophrenia will be the hallmarks of the human condition.”

Professor Herzog: “In an ideal world, there would be no need to legalize murder. But man is still very much a prisoner of his aggressive animality. Until his emotional architecture attains equilibrium with his intellect, he must find a way to redirect his inescapable lethal impulses along more constructive lines. In his Civilization and its Discontents, Doctor Freud observed that laws forbidding man’s primitive desire to kill give rise to discontent and mental illness. Though shackled, such desires do not evaporate but manifest in the more accepted practice of war. To legalize murder is to offer society an alternative to global conflict and eventual extinction.”

“The Cardinal wrongly assumes this is a moral issue in an amoral world.  Rather it is the application of Trolley Problem Logic where priority is given to the needs of the many over the needs of the one or the few. It is the same social arithmetic that decides who gets in the lifeboat first, who goes to war and who stays behind.”

Moderator: “That concludes our debate. Those who want murder legalized should press one on their pads, those who do not press two.”

~

Bio:

Carlton Herzog served as a flight dispatcher in the USAF. He later graduated magna cum laude from Rutgers University. He also graduated from Rutgers Law School, where he served as the Rutgers Law Review Articles Editor. He currently works for the federal government. This is his fourth appearance in Sci Phi Journal.

Life in the Garden of Captives

by Carlton Herzog

Do you ever feel or suspect that we are being watched? Not you, the individual, but all of us, watched the way Thoreau watched ants. The practice of one social species observing the habits of another is widespread: Fosse watched gorillas, Goodall watched chimps, and Cousteau watched whales and dolphins. Sometimes the watchers interact with their subjects at the interpersonal level, as was the case with Goodall. At others, the watchers are discreet, preferring to observe and record social practices untainted by a human presence.

I believe that somewhere behind the curtain of this reality, at the edge of our world, there are eyes or what passes for eyes studying us as if we were lab rats or zoo animals. Although I am tempted to label them hyperdimensional voyeurs, I recognize that if such creatures exist, they are not watching us to titillate or entertain themselves. No, these are true anthropologists bereft of any emotional connection or bias that might hinder an objective analysis of man.

Would they classify us as homo sapiens, or man the wise? I think not. Given our propensity for short-sighted goals and insatiable appetites for consumption, they would opt for homo myopsis anthropophagos.

I admit that my concerns are redolent of science fiction. I might promptly dismiss them as such had I not been witness to the event that took place in Manhattan in June.

He floated above the city like a leaf on the wind. He wore no costume and sported no cape. He out-sped no bullets, hovered rather than leaped over tall buildings, and did nothing to suggest he could overpower a locomotive. This was no jet-jawed hero dedicated to protecting truth, justice and the American way.

He was rather the quintessence of calm, the very soul of civilized intellectual gentility reclining on an unseen sofa, shoeless, but still in his blue suit and loosened yellow tie. He was less the City’s champion and more its owner and ruler, supernaturally endowed with the power of flight and descended from the upper stratosphere to more closely survey his holdings.

For all his celestial seeming, no Joshua band nor angelic choirs heralded his arrival. And while the news copter captured him on film, he was long gone before the F-35s arrived. Many expected him to call for a meeting with the U.N. General Assembly and deliver an ultimatum to all the nuclear nations to disarm or face annihilation, but that never happened.

He came three times. Once over Times Square; once over Yankee Stadium; once over Central Park. His leaving was as soft and mysterious as his coming. The keenest minds could not explain him, for he fit no pre-existing paradigm of miracle or mystery. He was and still is the ultimate unknowable.

My one and only sighting occurred across from Central Park. I was walking up Eighth Avenue toward the Museum of Natural History. It was the opening day for the Extreme Creatures Exhibit, an eclectic collection devoted to the rare, the odd, and the downright strange. Little did I know I was about to see something that would make everything in that exhibit pall by comparison.

I had just crossed Columbus Circle and was passing the Trump Towers when I heard a commotion behind me. As I looked back, I could see crowds of people looking and pointing up. So, I looked where they were looking. I saw a helicopter dogging an object approximately 50 feet in front of it. I had the presence of mind to sit down on the Trump Steps and Apple the news feed.

The helicopter’s telephoto lens sent back high-resolution images. The Floater looked about fifty. He had thick black hair flecked with grey. He looked like a smiling catalog model. I wondered if that smile were a sardonic smirk or the felicitous contentment of inner peace.

The chase lasted another five minutes after which the Floater began a slow steep vertical climb. The helicopter was not designed for such a maneuver and broke off the pursuit.

Although everyone saw the same live stream, not everyone saw the same thing. Men saw a man. Women saw a woman. The old saw an elderly person. Adolescents saw an adolescent, children a child. Whites saw a white, blacks a black, and Latinos a Latino.

Psychologists designate such subjective perception as the Rashomon Effect where observers give different accounts of the same event as a result of their pre-existing biases.

Everyone did agree on the basic color scheme of a blue outfit, yellow accent piece, and no shoes. But as to the precise sort of clothes worn what was seen varied with the observer. Professionals like myself saw a man in suit, whereas working class men saw a man in work clothes and a red bandanna.

One thing is crystal clear: he wanted to be seen. If his intent in flying over Manhattan were to make him the center of the world’s attention, then he succeeded. The only thing that could possibly outdo him would be the Second Coming.

The President held a televised news conference and invited the floater to visit the White House. Not to be outdone, the British Prime Minister, the Pope, and the Russian President also extended invitations for visits to their respective offices.

The FAA commissioned a special study to ascertain what air navigation rules apply to individuals unaided by aircraft or other gravity-defying devices performing aerial overflights of the domestic United States. NORAD devised a rapid response plan to interdict such flights should it be determined they posed a terrorist threat. The United Nations purchased a helicopter outfitted with special equipment so that should the floater reappear its official floater ambassador could make aerial contact. The Vatican did the same.

Whatever the Floater truly was, whatever he intended, one thing was clear–he had a profound impact on American culture that eventually spread far and wide throughout the globe. Oceans polluted with oil and plastic, runaway climate change, increasing nuclear tensions, skittish economies, famine, poverty, plagues and war might bedevil and divide the planet, but when it came to the Floater everyone from Compton to Timbuktu agreed that it was a being of consequence.

Theories abounded as to who the Floater was and what the Floater’s appearance signified. People’s opinion of the President’s performance or the state of the nation mattered less than what they thought of the Floater. Christian groups saw it as the End of Days but couldn’t agree as to the Floater’s identity. But whether the Floater was God, the Devil, Jesus, or the Anti-Christ, one thing was certain: attendance and tithes were at an all-time high. The national consensus was that God or his representative, an angel perhaps, though no one could agree as to which–Gabriel, Michael, Raphael, and in the case of the Mormons–Moroni–had shown up, dressed smartly, and refrained from hurling fire.

New religions sprang up. There was the First Floatarian Church.  Its central tenet was that the Floater symbolized our need to attain inner peace and rise above our problems. That church raised money by selling the air of peace supposedly drawn and bottled during the time the Floater visited Manhattan.

Then there were the Levitarians who believed that the floater’s message was that man needed to transcend his physical limitations and should start with levitation, along with walking on hot coals and snake juggling. Many a Pentecostal and fakir gravitated to the Levitarian movement. Many more ended up in the nation’s emergency rooms.

New businesses sprang up seeking to capitalize on the cult of personality surrounding the mysterious Floater. Floater impersonators suspended by wires were all the rage in Central Park. Floater imposters drifted over city with the aid of transparent balloons.

In Jackson, New Jersey, the Cohen brothers built a theme park complete with hover cars, balloon rides, jet packs, paragliding, parasailing, and parachuting. People took to the skies in record numbers either to catch a glimpse of the Floater or to emulate it, in some small fashion. Theme Parks appeared in Atlantic City, Las Vegas, and Branson. The Debtor Nation had become the Aerial Nation, and many were the richer for it.

The Floater had his doubters. Skeptics saw the Floater as part of an elaborate publicity stunt. They suggested that the Floater was the product of some new holographic technology. Sooner or later someone would claim responsibility and the feeding frenzy for the new imaging system would begin. Fringe groups, some sane, some lunatic, claimed that the Floater was actually a humanoid alien who utilized an anti-gravity device.

Most scientists agreed that was nothing more than a mass hallucination. They asserted that something like this happened one time before at Fatima, Portugal, when thousands claimed the Sun looked as if it were about to strike the Earth. To support that view they pointed to the frequency and ubiquity of UFO sightings and abduction claims–none of which is supported by hard evidence. They also noted that the name floater is given to the spots that appear to those with visions disorders, such as severe myopia, astigmatisms and glaucoma.

I find those characterizations to be an amalgam of the amusing, the ironic, and the naive. To wit, animals in captivity are routinely given cognitive challenges to alleviate boredom, sharpen their minds, and promote positive intra-species behavior. Zoo handlers hang meat from zip lines for cougars, giant rolling hay feed balls for bison, and puzzle boxes for chimpanzees.

Unless one is convinced that man is the apex of creation, one might suspect that many an alleged extraterrestrial or supernatural encounter was a form of primate cognitive enrichment. If a being existed in the fourth dimension, then we here with the litany of physical limitations that beset us, might be perceived as being in captivity.

Thus, the history of religion may be more than just barbarian chronicle and myth. It may be the hand of our self-styled keepers trying to raise our consciousness beyond the limits of our small minds and frail bodies.

~

Bio:

Carlton Herzog served as a flight dispatcher in the USAF. He later graduated magna cum laude from Rutgers University. He also graduated from Rutgers Law School, where he served as the Rutgers Law Review Articles Editor. He currently works for the federal government. This is his third appearance in Sci Phi Journal.

Killing Death

by Carlton Herzog

The ability to defy aging and death has become a reality in our time. Now we no longer fear a hideous decay and decrepitude. Nor do we picture a pointless afterlife of singing Hosannas to a god of dubious virtue.

But even as the universe giveth, it taketh away. Where it extends the lives of the aged, it must surely deprive the unborn generations of theirs. The question then becomes how long should the young let the aged live before forcing them to their graves?

In Nekros v. U.S. the high court was asked to address that very question through the prism of the First Amendment. That Amendment both prohibits Congress from promoting one religion over another (Establishment Clause) and restricting an individual’s religious practices (Free Expression Clause).

BACKGROUND

On March 25, 2035, Google perfected Project Calico, which had a mandate to kill death and stop aging. It did so with pico-electric nanites injected into the subject’s blood stream. The nanites cured illness, stopped aging, and extended life indefinitely for anyone so treated. Death by natural causes ceased to exist for those who could afford it.

To ease the financial burden on nanite candidates, western governments stepped in with subsidies. That was a necessary step since the initial injection and annual follow-ups were beyond the means of most people.

Unfortunately, life extension did more harm than good. First, the number of global births began to exceed the number of deaths. With more mouths than food to go around, global food shortages became the norm. Second, the elderly clung to their jobs leaving younger people unemployed, and therefore, an added societal burden. Third, the cost of government subsidized life extension crushed economic growth in the developed nations. Fourth, the collection of retirement benefits far beyond what was once a normal lifespan wreaked havoc on corporations. Finally, there was an uptick in crime and other deviant behavior associated with the amortal demographic. Psychologists attributed it to an overweening sense of invincibility coupled with an inexplicable decline in impulse control.

Social philosophers and economists wrestled with the question of how long is long enough?  Politicians asked the same question. On May 25, 2050, both Houses of Congress passed the Mandatory Euthanasia Act which capped life spans at 150 years old. Regardless of a person’s overall physical and mental health, once a person had passed the chronological red line, they were ordered to report via the Selective Euthanasia Service to a Federal Termination Unit for painless and otherwise humane liquidation.

Many pundits believed that the impact of ageless living on the world’s religions, particularly those with pie-in the sky visions of an afterlife, would be terminal. To the contrary, religions of all dominations experienced explosive growth directly correlated with the enactment of the MEA.

The reason for such a radical sea change lay in the Constitution. Many religionists believed that the First Amendment protected their right to practice their religion in perpetuity on earth. The lower courts disagreed on the ground that the religious doctrines in question did not mandate earthly life in perpetuity. Instead, it stressed that all the doctrines in question characterized earthly life of secondary importance relative to the greater heavenly reality to follow.

To circumvent that obstacle, K.C. Braddock formed the Church of the Everlasting Earthly Flame. Its central tenet was that God promised eternal earthly life to any and all who sought it.

Harlan Nekros, age 149, joined the congregation that year fully expecting to receive First Amendment Protection of his religious freedom to remain alive indefinitely. 

On his 150th birthday, Nekros received his order to report within one year to a termination facility in fulfillment of his societal obligation. He subsequently obtained a temporary restraining order in Federal District Court to stay the process pending a hearing. 

At the hearing, Pepper’s lawyers argued that Nekros’s rights would be violated by the Court’s enforcement of the MEA. As a congregant of Everlasting Flame, Nekros was entitled to preserve his life by whatever means were available. To order his termination, the State would be committing a crime against his person and his constitutionally protected right to free exercise of religion.

Nekros’ lawyers stressed that “the State’s law is just another example of a callous and godless government running roughshod over human life and the religious rights of believers. Drunk with power, the State argues unconvincingly that forced suicide is a curative to modern medical paternalism.”

For its part, the United States Attorney argued that, “the net effect of Project Calico’s so-called success is that federal, state and local governments have been handed the crushing economic burden of medical treatments and retirement benefits extended into perpetuity for a growing population of geriatrics. Climate change, and the concomitant scarcity of food and water, have made those burdens exponentially greater.”

“Such extreme hardships call for extreme measures if our republic is to hold together. As in war, some members of society must be sacrificed so that the greater whole may survive. It is disingenuous for opposing counsel to argue that the State lacks an adequate moral foundation for the law and is simply acting in arbitrary and capricious manner in derogation of the petitioner’s liberty and religious interests.”

The Federal Court for the Southern District of New York ruled that MEA violated the petitioner’s free exercise of religion. It ordered the suppression of the State’s termination order pending an appeal.

NEKROS v. U.S.

The United States Supreme Court granted a writ of certiorari to determine the constitutionality of the Federal Life-Time Limits set forth in the MEA statute. The major points of that opinion follow:       

FREEDOM OF EXPRESSION

Nekros’ strongest line of attack lies in the First Amendment’s protection of religious freedom. We reject that argument. The State does not deny appellant’s right to believe whatever doctrine he chooses. Indeed, the State’s motivation in enforcing the MEA is a secular one and does not make any religious practice unlawful. The State is not acting as the thought police, nor the guardian of any one religion. The appellant remains the master of his own mind and soul and is therefore free to pursue whatever religious truth he sees fit to follow.

ESTABLISHMENT CLAUSE

If we were to grant exemptions to Eternal Flame congregants, we would be violating the Establishment Clause by giving preferences to those who believe they are entitled to an eternal earthly life at the expense of other religions that do not so believe.

DUE PROCESS

The due process clauses of the constitution act against the arbitrary denial of life, liberty or property outside the sanction of law. There is nothing arbitrary or unsanctioned about the MEA. It is based on the need to reduce domestic population in order to conserve financial and material resources in both the private and public sector. It was enacted with the unanimous consent of both Houses of Congress and ratified by the President. We find therefore that the MEA does not offend the due process clauses.

EQUAL PROTECTION

Nekros argued that irrespective of any due process considerations, the MEA violates the Equal Protection Clause which holds that ‘No state shall deny to any person within its jurisdiction the equal protection of the laws.’ Nekros asserts that persons over the age of 150 years old are being singled out for disfavored treatment relative to the rest of the public. We find this challenge to be without merit. At first blush, senicide, or selective eradication based on age, would seem to offend the right to equal protection under the law. But since all citizens fall within the sweep of the statute, we can find no basis for a claim of differential treatment under the law.

RIGHT OF PRIVACY

Nekros also argues that penumbra of the constitution creates a fundamental right to privacy, and by implication a right of self-determination. To support that argument, Nekros has provided a laundry list of case law bearing on a woman’s right to abortion, assisted suicide for the terminally ill patients, and fulfillment of DNR orders in living wills. Nekros would have us extend that right of self-determination so that he may lead an ageless existence in perpetuity irrespective of the law of the land. We find such case law distinguishable from the one at hand because there was no countervailing state interest in regulating population control. In these difficult times, we must all make hard choices. As the District court noted, the needs of the many outweigh the needs of the one or the few.  

DOCTOR FRANKENSTEIN’S MONSTERS

We take judicial notice of the State’s statistical data regarding the well-documented criminality and malicious deviance of the ageless. To date, there have been more deaths from their wanton and reckless geriatric behavior than from all other domestic causes combined.  

That precipitous decline in personal and societal risk assessment, as reflected in those jarring statistics, stems from an unforeseen limitation of nanation. Although the nanation process may preserve cognitive and bodily function, it cannot preserve emotional intelligence. To the contrary, the effect of an extremely long and healthy life imbues the individual with a sense of invincibility, while simultaneously degrading impulse control. The medical community describes this effect as Toxic Centenarian Deviancy Syndrome. To date, there is neither a treatment nor a cure.

We hold therefore that Nekros’ constitutional challenges are without merit. We order that Nekros be remanded back to federal custody for termination within the next six months, pursuant to the original liquidation order.

JUSTICE WILBUR BAKER, DISSENTING

I am disgusted by the social arithmetic used by the majority. I do not believe that such an algorithm is good for society. Indeed, the notion that the State has the unfettered right to murder its citizens for no other reason than they have escaped death by old age is palpably absurd. Indeed, it reeks of both Hitler’s death camps where Jews were exterminated because they were characterized as morally flawed and Stalin’s pogroms against his own troops because they had been contaminated by exposure to western values at the front.

Not surprisingly, Hitler’s views on genocide — for what is the systematic extermination of an outcast group if not that — took their inspiration from our sterilization laws so popular in the 1920’s. Those laws aimed to eradicate the unfit and the degenerate: criminals, prostitutes, alcoholics, epileptics and the mentally ill. 

I find it disingenuous for the majority to assert that a person is free to believe whatever they like up until the moment the state lops off his or her head. It reminds one of the turkey’s fate on Thanksgiving Day following a few years of placid existence on the farm.

What the state, with the imprimatur of the courts has done, is criminalize long life but without the procedural and substantive protections afforded any accused criminal. It follows in the vein of other authoritarian regimes that have criminalized such things as reading, writing, and transporting books as well as composing and playing music. I must ask what comes next.

Given the State’s willingness to commit legally sanctioned murder, and its propensity to expand its reach, I should not be surprised if it concocts another law that violates both the spirit and letter of our sacred constitution. Thus, do we slouch toward tyranny and the genocides necessary to sustain it with a wink and a nod to the Founding Fathers.

I therefore respectfully dissent from the majority opinion.

~

Bio:

Carlton Herzog served as a flight dispatcher in the USAF. He later graduated magna cum laude from Rutgers University. He also graduated from Rutgers Law School, where he served as the Rutgers Law Review Articles Editor. He currently works for the federal government.

Stairway to Heaven

by Carlton Herzog

EXCERPT FROM THE 2230 VATICAN CONFERENCE ON THE EXISTENCE OF EXTRATERRESTRIAL LIFE PRESENTED BY CARDINAL GIACOMO BONANOTA, CHIEF ASTRONOMER, VATICAN OBSERVATORY, ROME

From antiquity to the present, we have debated whether intelligent life exists elsewhere in the universe. In a seemingly unrelated vein, we have also wondered what happens to us when we die. Is death the end, or is it merely a jumping off point to a deeper, more nuanced and granular reality, of which we are only dimly aware? To be sure, I as a man of faith never saw the intimate connection between extraterrestrial intelligence and the soul. That, my friends, has changed.

We all remember the story of Giordano Bruno who championed the Principle of Plenitude. To wit, the cosmos is bursting with an abundance of intelligent life and correlatively, souls. And he believed that those souls were not confined to creatures such as we are or others like us but invested the very planets, stars, meteors and the universe itself. Sadly, we had a hand in his being burned at the stake for heresy, a stain that will never be fully wiped away. Today, I take a small step toward atonement by submitting for your approval that Bruno was correct on both points. I make that bold claim not as a matter of faith or as a regurgitation of official church doctrine. Rather it stands on the ground of irrefutable scientific evidence.

Until recently nobody knew for sure whether there was a soul or not, and if there were what happened to it once it left the body. A paranormal researcher, named Jake Cody, theorized that the physical body acts like a matrix or womb around which the soul forms and grows.  It’s composed of elementary particles that have a lot in common with neutrinos–very low mass and the ability to pass though ordinary matter undetected. When the body dies, the soulons decouple. Cody believed soulons to be the source of apparitions, hauntings and poltergeists.

He built a device–what he called a psy-scope–to detect the wandering souls. When Cody trained his scope at locations supposedly infected with ghosts and specters, he didn’t have any luck. One day it hit him that if souls were indeed massless, they would not be tethered by gravity. So, he aimed his scope skyward. But it wasn’t until he aligned the detectors along Earth’s magnetic field that he struck pay-dirt. Sure enough, he caught sight of souls moving in great looping arcs toward the poles and then breaking free into a vast migration.

But there was an unexpected twist: the number of souls exceeded the daily mortality rate by a factor of ten. From that finding, Cody postulated that a lot of animals we think don’t have souls–dogs, apes, whales, dolphins, octopi, even cows and chickens–do, albeit more primitive versions of our own. That got him to thinking his psyscope could be used to detect life outside our solar system by finding soul streams leaving exo-planets. In theory, he believed that he could re-trace a line of streaming souls back to their planetary source, thus pinpointing where to focus a search for life.  Cody also believed that just as we can identify spectral emissions in light as corresponding to certain elements, he could do the same with psychic spectra to identify intelligence.

Theory in hand, Cody approached the neutrino hunters on the Galileo array and asked if he could repurpose one of their detectors as a psy-scope to pursue his research. They agreed, and the data they’ve received confirms Cody’s theory.

Nobody likes to hear they have been demoted. In this case, Cody’s theory means that we were no better than animals or extraterrestrials when it comes to being admitted to an afterlife, an afterlife automatically bestowed by the laws of nature. And while Cody’s theory seems to rule out Heaven’s pearly gates, it raises many a question. For one, why are the souls drawn to the black hole at the center of our galaxy? At this distance, black hole gravity would have no more effect on them than it does on us. Clearly, some other force is at work, one that might be purposeful. And while a black hole would crush ordinary matter, it might serve as a conduit to an elsewhere or an else-when for massless particles, such as soulons.

The images show that our galactic black hole is nested inside a spherical halo of souls. Around its accretion disc there exists a coextensive rotating ring of souls–with its own internal velocities, bifurcations and currents–that plunges radially into the black hole.

Cody believes that the entire contraption forms an over-mind–a dense supermassive guiding intelligence. A galactic hive-mind, if you will.

The question then is whether in addition to the cosmos, there is a psymos, a psychic universe with a life and purpose of its own, such that our physical universe is nothing more than the caterpillar’s chrysalis, and in time, we and the physical universe we inhabit will pass away into something transcendent.

Cody wants to contact these over-minds. Although his empirical data is sound, I am skeptical of its utility beyond the realm of pure scientific understanding. Even if everything he contends is true, I doubt that the corporeal and the psi could have a common language.

Questions such as what role, if any, did the over-minds play in the formation of the universe? Do they know the fate of the universe, and are they in control of it? Do they remember their earthly existence, and if so in what detail and with what, if any, emotion?

I submit that the difference between the living and the dead is like that between a caterpillar and a butterfly. Same creature, but their approach to life and concomitant needs are radically different. I see a hand in the front row. Bishop Charles, my old friend from London, how might I elucidate these matters for your learned self?

“First, I want to thank you for an excellent presentation. My question speaks to the matter of what constitutes such a mind. If it be not driven by neurons and neurotransmitters, is bereft of grey and white matter, as well as all the other cranial components that house and drive human consciousness how then can you say these soulons have minds at all. Perhaps they are just the mindless remnants of consciousness shed by the brain the way a snake sheds its skin.”

I’m glad you asked that question. I’m sure you are familiar with Sir Robert Penrose’s work of some two centuries ago. He showed that consciousness was merely the surface condition, the foam if you will, on very deep waters that sounded in the quantum realm. Our physical reality, if I may repeat myself, is simply a womb for that energy to coalesce into something far more complicated and enduring than our tiny, fragile minds can imagine.  In that regard, I quote the great thinker J.S. Haldane who famously said, the universe is not only queerer than we suppose, but queerer than we can suppose.

More to your point, I am proposing, as indeed is Mr. Cody, that a soul possesses a different form of consciousness, one not tied to the needs and limitations of the body, one that can travel across vast galactic distances and see things we can only imagine, and draws power, purpose and structure from a hidden quantum reality we may never fully know. Cardinal Enright, you have a question?

“More like an observation. I would venture to say that a soul would remember every aspect of its life here on earth. That would be consistent with conservation of energy laws, since consciousness is at root an organized configuration of informational energies. But I don’t think a soul would miss its earthly life. Perhaps, because emotion would persist into the afterlife only in the vestigial sense. Or because the soul would know that death is merely a transitional phase toward something more enduring. And I suspect its sense of time would be much different.”

Thank you, Cardinal Enright. Thank you all for your kind attention. I’m about out of time, so let me wrap this presentation up.

Whether you concur with Cody and myself, or you hew to a more doctrinal view of the afterlife, I think we can all agree that we are all related to the infinite, even though we cannot with microscopic precision lay out the contours of that relationship, beyond a few particulars. I submit that is what it is to be human. How that came about, or why, is perplexing to be sure. But it gives us a needed humility and perspective in the fact of vast, cosmic grandeur as we trudge the road of unfathomable destiny. We are not the center of creation. Something else, some call it God, is—a something whose center is everywhere and whose circumference is nowhere.

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Bio

Carlton Herzog served as a flight dispatcher in the USAF. He later graduated magna cum laude from Rutgers University. He also graduated from Rutgers Law School, where he served as the Rutgers Law Review Articles Editor. He currently works for the federal government.