Monday, January 19, 2009

ontological rant in the court of the imagination


The defendant stood before the judge in the hushed courtroom. He began speaking.
“I plead not guilty, your honor. In fact, I cannot but plead not guilty. My “not guilty plea” is nothing but the product of neuronal activity within my head. Even though I do feel a bit guilty about having caused the death of my loved one with that chop stick, that guilt has no practical effect on my plea. Even though I would have preferred to avoid her death, I had no direct control over the act. In fact, every time I am using the word “I” in this sentence, it is only for semantic reasons, for there is no “I” in the sense that the court commonly understands it. There is only an agglomeration of cells functioning as a unit, said unit representing nothing more than the gross accumulation of causes and effects within, and without. In fact, as I shall show, the movements associated with the physical entity labeled “I” were nothing more than the utterly unavoidable series of causes and effects, emanating from outside this body, setting off the pertinent internal string of causes/effects, issuing in an overall external physical act which, in sum, was but another cause to the effect, or consequence, under the court’s current consideration.
I would like to remind the court of a number of issues pertinent to my defense. A cursory look at the legal record, as well as at prevailing punitive law, shows that society grants the existence of different levels of responsibility for the acts of its members. Different punishments are meted out for taking another life, depending on what the court assumes to be the degree of intent of the killing. Courts look upon premeditation as proof of the highest degree of intent, of responsibility. From there we move down to premeditation with certain levels of just cause (self-defense, hunger, etc.). Next on the descending scale of responsibility are killings done in a state of passion. From there we go down to the myriad levels of insanity pleas. Finally, there are killings that can be said to be entirely accidental. All imply a number of elements – a sense of control, independent will, a clearly defined and existent self – in formulating the level of intent and responsibility. Note that at the lower end of this scale, the element of choice, of individual, clear-headed decision making leading to the act, becomes less and less applicable…until, in the case of proven and unavoidable accident, it is inapplicable altogether.
I would like to submit to the court that the same lack of individual will, or free choice, applies also to the most cold-headed, thoroughly deliberated murder. I challenge the court to identify, in a pertinent and rationally acceptable manner, the element that distinguishes murder in the first degree from accidental homicide. The court will no doubt bring up the autonomous self, the “free will”. But can the court really show physical evidence of such phenomena? I claim that it cannot. Contemporary brain science is revealing the physiological functioning of the brain, and of its relation to bodily movement – or behavior. What we can clearly demonstrate is a highly complex system of neurological, electro-chemical activity, a universe of causes and effects. Yet there is nothing in science that has clearly identified the active, individual, “morally autonomous agent” within all this.
If I could claim that I was clinically insane at the time of the killing, you would lower my sentence. If I could claim that another person literally forced me to shove that chop stick up the nose of my wife, you would lower my sentence, or even declare me innocent.
If believe that I need no such countervailing claims. The body that is identified as “me” did indeed commit the act in question. However, you are unable to reasonably show that there is a “moral agent” within this body to assume guilt. The court has only shown a series of causes and effects.”

The judge looked on in increasing annoyance, as did the jury. “Sir,” said the judge, “do you really expect us to take that argument seriously?”
“I’m sorry, your honor”, replied the accused. “I was unable to argue in any other way. I am thoroughly determined to argue against free-will…I am thoroughly determined…it…I…the force…oneness…”
The eyes of the accused began to dart back and forth across the courtroom, as he quickly lost composure.
He continued, his voice growing louder and louder. “There is no I!...and all of you!!...there is no “you”…you fools!!...” A bit of spittle began to form on his lips. “Everything you do is determined…everything!!...it is all laid out…it is all there…!....IT IS WRITTEN!!!!

He was wrestled to the floor by several guards as the last words echoed throughout the chamber.

“We hold the defendant guilty as charged.”

Saturday, January 17, 2009

I scream, you scream, we all scream for torture

So upcoming Attorney General Eric Holder becomes the first “official” (i.e., law-relevant) voice to admit that water-boarding is torture. A nice breath of fresh air, one would think. As the Times reporter puts it, “In the view of many historians and legal authorities, Mr. Holder was merely admitting the obvious.”

Right. Making people undergo atrocious physical and psychological suffering is torture. What do you know. After 8 years of reality-denial and the weird kind of reality-derangement of the ruling party in the U.S., finally, it would appear, we have people who tilt ever so slightly more towards respect for the empirical.

Ah, but let us remember, Times reporter Scott Shane writes, all the problems such an admission of reality entails…Ah yes, the stickiness…the problems. As in, employees of the United States government, with orders directly from the White House, committed empirically verifiable war crimes. War crimes – according to the treaties and laws to which the U.S is itself a signatory.

All this, of course, making people squirm…one could feel the reporter squirming for them…

Now, in any decent world, criminal investigations would immediately be initiated, very possibly involving most of the highest members of the Bush administration, and very possibly resulting in war crime prosecution, and prison for these people.

The establishment squirms…

Why do they squirm, one might wonder? Apart from the practical political inconveniences of seeing establishment figures treated as war criminals, I think the squirming results from a certain ambiguity about the acceptability of torture itself. In general, many if not most people believe that torture is an acceptable tool for getting information. Apart from the fact that most professional interrogators deny this, I think that most laymen intuitively believe that anything is justifiable if it may possibly uncover information leading to the avoidance of other violent acts against innocents. Ah, yes, when directly questioned, most will not admit this…especially anyone in positions of legal responsibility… Thus the absurd rhetorical twists and turns by officials when testifying about water boarding…thus the many statements by Bush and others in his administration that “we do not torture”. Of course they were fucking torturing!...as Cheney, to his minimal credit, now openly admits.

Frankly, I think that many in the power structure in Washington either openly or secretly believe in the acceptability, indeed necessity, of torture. And thus, the squirming…even on the part of the “liberal” NY Times…

This rather barbaric stance spurts out openly when the perpetrators of war crimes are not Americans – witness the almost universal Congressional support for Israel’s latest clampdown in Gaza – a sentiment that runs against the almost universal condemnation Israel is receiving around the world. Unqualified support for absolute barbarism is easy when others are engaged in it…no realty-rearrangement or violence against logic/semantics necessary. This is what the pride- and religion-drunk idiots of Hamas don’t seem to get. Neither the rulers in Israel, nor their North American patrons, could give a flying fuck about war atrocities if they can in any way be justified by “protecting the country from enemies”. And those idiotic missiles Hamas seems intent on shooting at Israelis are just the ticket.

One wonders why the world bothers with such concepts as “international law”, “human rights”, etc. Obviously, when push comes to shove, or when it is in the interest of some powerful elite, rights and law are quickly forgotten.

Oh that the new political power structure in Washington were able to investigate, prosecute and punish those who spent the better part of 8 years defecating on US and international law, on the US Constitution…the same power structure that gave carte blanche to those whose fevered greed and cynicism led to such wreckage in the US and world economy…ah, sweet dreams…