"But there is another assumption in your question that has to be addressed, Your Honor. You used the word break instead of challenge. It is always appropriate to challenge the law—in court—for how else can we test the law as an instrument of justice. But the term 'breaking the law' presumes a state of lawlessness on the part of the individual committing the action. It presumes that the individual is challenging the entire body of law and the society it defines. This is a vastly different domain of behavior than civil disobedience.
"When an individual disregards the body of law, he is setting it aside as irrelevant to his own behavior, or worse, he is setting himself above the law. This is a behavior that is intolerable to the society that has authorized the law, because it challenges the entire social contract. The inherent agreement in the social contract is that society will preserve the social contract for the mutual benefit of all participants. If a person does not meet his obligations to the society in which he lives, he has no right to expect the benefits or protections of that society, least of all recognition of his rights as a member of it."
Judge Cavanaugh was fascinated. He leaned forward on the bench with his blubbery chin resting in one enormous hand.
"So," continued the monkey, "the relationship to the law implied by the word break is one in which the authority of the law is disregarded by the individual. This is a relationship that a society cannot tolerate and still maintain the social contract. Therefore, Your Honor, it is never appropriate to break the law. It is, however, appropriate to challenge it responsibly." The monkey stopped and looked expectantly to the bench.
"Go on," prompted Cavanaugh.
"To speak directly to your question, it is up to the individual to choose the best avenue of challenge—and the individual must be prepared to accept the consequences of that challenge. A person who argues that he or she should escape the consequences is arguing that participation in the social contract is voluntary, mutable, and arbitrary. Such an argument not only disempowers the underlying ground of being on which the entire legal system stands, it also disempowers the whole concept of civil disobedience as we know it. History has demonstrated more than once why society should grant little weight to this argument. But I digress—the philosophical aspects of the individual's responsibility to the society from which he takes benefit is not the subject of this discussion, is it?" The monkey faced the judge. "Have I resolved your doubts, Your Honor?"
Judge Cavanaugh's expression was halfway between bemusement and awe. He folded his hands in front of himself and leaned forward across the bench. "You give me no choice, but to accept you at face value. No practical joker ever argues the law like that. In fact, damn few lawyers on Luna—or anywhere else—can argue that well. The court recognizes HARLIE as the sole legal counsel for the Dingillian family."
"Your Honor?" That was the monkey.
"Yes?"
"For the record, would you please specify that my role here is not procedural assistance, but full representation with all the rights and privileges associated with such?"
"So noted," Cavanaugh said, scribbling something on his scratch pad. For a moment, I thought we'd gotten away with it, but Cavanaugh was paying much closer attention than was obvious. Without looking up from what he was writing, he said, "I know what you're doing. I'm going to allow it for two reasons. One, I'm bored. And two, it may very well elevate this case above the level of lunatic asylum. That is, if the lunatics don't figure it out first." I wasn't sure which meaning he intended for the word lunatic, probably both.
Cavanaugh looked up from his paper and across to the monkey. "I assume you have a motion to file now?"
"Yes, sir. I move to dismiss this entire proceeding."
"I expected as much," said the judge. "On what grounds?"
"That all of the motions before this court are irrelevant to the situation. As I noted in my previous argument, as society evolves, there are slip zones between law and circumstance. We are in one of those zones now."
"Let me guess," said Cavanaugh. "We just happen to be in one of those slip zones now because I just recognized you as a qualified representative … ?"
"That's only a small part of it, Your Honor."
"All right, Counselor—and I use the term advisedly—walk me through it."
ARGUMENTS
The monkey gathered itself as if preparing to speak, but it was only a performance—a kind of punctuation mark for its speech. I was beginning to get it; the monkey wasn't who HARLIE really was, but it was the costume he wore, the role he had to play here. But if we could listen through the monkey to the mind behind it … the monkey itself seemed to disappear and all that was left was a very powerful spirit.
"First of all, the Dingillian family has reconciled its differences. Both of the Dingillian parents have withdrawn their custody claims. I want to note here for the record, that nowhere in any of the previous actions has either party tried to assert that the other is an unfit parent—only that actions taken on the children's behalf have been unsuitable because of a failure of mutual consent."
Judge Cavanaugh nodded. "The court will stipulate that neither parent has been judged unfit. Go on, Counselor—understand, I am referring to you as 'Counselor' as a courtesy; in recognition of the role you are playing here, and not necessarily as an official affirmation of license or expertise."
"I understand that, Your Honor, and I appreciate the courtesy, thank you. Because the Dingillian parents have reconciled with their children, because the parents have withdrawn their custody claims against each other, the issue of custody is now moot. Therefore, the actions filed by other agencies to secure legal custodianship of the Dingillian children should be dismissed in favor of the existing parental rights."
"Ahh, nice try, Counselor!" Judge Cavanaugh beamed. "But you seem to have forgotten that Judge Griffith granted the young men their independence. That the parents have withdrawn their claims to custody does not automatically nullify anyone else's attempts to gain guardianship. Unless, of course, you are arguing that the Dingillian children are requesting the reassertion of parental authority … ? No? I didn't think so."
"I'm not done yet, Your Honor. This morning, as of 3:45 a.m., the Dingillian family incorporated itself as a family corporation, with every member holding an equal share; the terms of that incorporation include joint custodial rights and benefits, including mutual ownership of all family property, as listed in Schedule C. You should have that available to you on your display—"
"Very smooth, Counselor. And yes, it does appear to be all in order. I notice that the ownership of a certain toy monkey is covered by Schedule C. Let me note for the record that the ownership of the modules within the toy remains in dispute. Otherwise, this appears to be in order. Go on."
"Therefore … because the rights of the family corporation take precedence, the claims of everyone else have to be set aside."
"Not quite—" Judge Cavanaugh was clearly enjoying himself, but he was not going to be easily convinced. As HARLIE had predicted last night, he would very likely view this discussion as a contest of wits. He would not want to be bested by a monkey in his own courtroom. "The other claims were filed before this family corporation was created. It can be argued that this is an attempt to evade those claims."
"Yes, Your Honor, and were this any other kind of an action, the argument of evasion would be a valid one. But in this case my clients can demonstrate a preexisting family relationship—albeit, a troubled one. This incorporation is specifically designed to salvage the better parts of that preexisting family relationship by codifying a set of mutually beneficial agreements for the future. We are not incorporating in a vacuum, Your Honor; we are standing on the foundation of a family structure that has existed for over twenty years. My clients have demonstrated a profound mutual emotional interdependence, which none of the other claimants can provide, and which the courts have ruled in the past must carry significant weight in any arbitration.
"We are asking that the court
recognize the rights of the individuals to create a family contract of their own design, immune to the arbitrary harassment and legal abuses of others. We are asking that the court reject all claims filed against the members of this corporation where it can be shown that the primary intention is to prevent the individual shareholders access to the rights and benefits of their own mutually agreed upon family contract."
"I'll take it under advisement. I see that the sharks in the back of the room are already consulting their own intelligence engines, looking for appropriate counterarguments—and if we proceed down that path, this is going to get very boring very fast. I'll take your motion under advisement. Let's move on."
"Your Honor—" The monkey was insistent. "We can't move on until we've resolved this issue. Let me remind the court that while we are arguing here, the crisis on Earth is having serious repercussions across the solar system, especially here.
"There are three brightliners scheduled for launch in the next thirty days. Because of the situation on Earth, it is unlikely that any future launches will be planned or funded for a long time to come. These are the last trains out. So, all procedural delays work against my clients and in favor of anyone who files a claim, whether justified or not. This fact alone guarantees that there will be multiple useless actions brought and motions filed, specifically for the purpose of tying down my clients and preventing their access to emigration. And that is a violation of the laws against malicious litigation as well as the Access to Emigration Protection Act.
"Let me also point out that the situation is even more urgent than I have just described. Even as we speak, the Board of Directors for the Lunar Authority is in emergency session. One of the options they are weighing is the possibility of seizing all available assets for the duration of the emergency—and this could be a very long emergency. If such action comes to pass, that means that my clients' property—myself—could be seized.
"Additionally, if Lunar Authority seizes the colony supplies loaded aboard those starships, they can't launch. Seizure will keep them stranded on Luna indefinitely. And all of their passengers. Considering the scale of the emergency, if those ships don't launch now, it is unlikely that they ever will. Certainly not within any foreseeable future. My clients will very likely be stranded on Luna for the rest of their lives. Denied of their property. Denied of their lawful access to emigration by the failure of the court to protect their rights. And without their most valuable property, they will have little or no resources with which to survive. In such a situation, the Dingillian family would have no choice but to file an action against the Lunar Authority seeking damages in the sum of one billion liters. It would be a horrendous case, Your Honor. And it is preventable."
Judge Cavanaugh did not look impressed. "Well, we'll hear that one when it's filed. Today, we'll deal with this case. Let me remind you, Counselor, that the Lunar Authority operates under the Starside Covenant as well as the Covenant of Rights. Both of those declarations of principles recognize and affirm the basic social contract that a society must operate to produce the most good for the most people. Under the terms of common domain, your clients would be adequately and appropriately recompensed for the use of any property nationalized for the survival of Lunar society."
"For the record, Your Honor, there is not enough money on Luna to pay for the seizure of a HARLIE unit."
"We'll work with it," Judge Cavanaugh replied dryly. "I'm sure that once you are working for Lunar Authority, you will find a solution just as easily as you can find a problem. And while we're at it, let me note for the record, that in the past six minutes, you have asserted that you are the property of the Dingillians at least three times. That issue is yet to be resolved. So any claims of damages are premature."
The monkey ignored the implied rebuke. "Let me also point out, Your Honor, that my clients are not signatory to the Covenant, nor are they residents of Luna. They are, at best, tourists passing through. They are transients who wish only to make their flight connection. We ask the court to recognize their family contract and deny the spurious claims of those who seek to prevent my clients from the full exercise of their rights as a family to emigrate."
"The court does indeed recognize the right to a speedy emigration; we've had to test that particular point of law more than once in this courtroom—as you are obviously well aware. However, where it can be demonstrated that emigration is an attempt to evade the workings of local authority, particularly where local authority does have a compelling interest, emigration can be justly denied."
Cavanaugh looked like he was having a good time. "Let's be candid, my little primate-shaped counselor. In this particular case, the issue is not the right of the Dingillian family to emigrate, but the ownership of two specific modules within your furry little body—the two specific modules I am arguing with right now. Once the ownership of those two modules is resolved, it's very likely that several if not all of the claims against the Dingillian family will magically resolve. But until such resolution is achieved, the claims remain in effect as a way of holding them in place. Nobody's going anywhere until that happens."
"Precisely, my point, Your Honor. We are asking that absent a decision on the ownership question, my clients will be free to emigrate."
"You're talking like you expect to resolve the question of ownership."
"Absolutely, sir. I intend to demonstrate momentarily that all the claims of proprietary control or ownership that have been presented in this court are without merit. What I am requesting is that after the question of ownership has been resolved beyond question, this court prevent further legal harassment against the Dingillians by reaffirming their joint-custodial rights as a family corporation."
"Are you saying you intend to prove the Dingillians are the rightful owners? You've implied as much." Judge Cavanaugh looked very interested now.
"I intend to address that as a separate issue, Your Honor. And I'm asking the court to separate it from the custody claims. The Dingillians have a right to form a family contract, and they are entitled to emigrate. If proprietary control of the HARLIE modules does end up with the Dingillians, it is likely that those who seek to wrest that control for themselves will use those claims to prevent the Dingillians from departing. I seek to prevent that."
"I understand your point," said Judge Cavanaugh. "But why do I get the feeling you're asking me to sign a blank check?"
"Perhaps because Your Honor has a fine legal mind … and considerable experience with the tricks that lawyers play?"
"You realize, of course, that I am required by law to hear objections to your motion?"
"Yes, Your Honor. Because my clients are functioning under a deadline, I move to limit debate."
"So noted, and granted." Cavanaugh rapped the gavel before anyone could object. It didn't stop them from objecting, but he just looked up at the back of the room, and announced, "I've already ruled. Each of you shysters has five minutes to make your case—wait a minute, how many of you are there today? Damn! We're not charging enough for justice anymore. There's a lot of water floating around this courtroom. All right, you each have three minutes. If you're going someplace interesting, I'll give you more time. If you're not saying anything useful, I'll cut you off early."
He held up his display so everyone could see it. "Pay attention, people. We all have the same access to the same intelligence engines. Valada Legal Aptitudes Inc., serving two planets, four moons, six space habitats, the Line, the rings of Saturn, and the asteroids. All of us are looking at the same lethetic analyses, projections, and suggested arguments—including extrapolations of the most appropriate rulings. What that means is that I have most of your arguments in front of me before you make them. The only ones I don't have are the stupid ones.
"But I want it clearly on the record that I am following along. Don't anybody think you're going to file an appeal claiming that the judge didn't give you a fair chance to have your arguments heard. That one's flattened right here. Everything is being l
ogged. The judge is reading along with you and filing your arguments as fast as you can access them from the net. The fact that I don't need to hear them endlessly rehearsed doesn't mean they aren't being considered. Is that fully understood? All right, who's first?"
This next part went very fast. The lawyers lined up in front of the courtroom, stepping forward one at a time. Each one presented a boilerplate argument which Judge Cavanaugh noted for the record. None of the lawyers got as far as the three-minute mark. The judge denied all of their motions as fast as they made them. Halfway through, he interrupted the proceedings to address the lawyers still waiting in line. "If you folks are working from the boilerplate, you can expect your motions to be denied. I've already looked ahead. There isn't an argument here that justifies denying the confirmation of a preexisting custody agreement. If you still want to go through the motions, that's all right with me. We take cash, check, or credit card. But I'd just as soon cut to the chase. Unless you've got something to say that isn't cut from the boilerplate, go sit down—"
Several of them actually did. One didn't.
Cavanaugh stared down over the bench at her. "You've got an argument I haven't heard?"
"I think so, Your Honor."
"You are?
"Linda Wright, representing the Rock Father tribe."
"Go on."
"We strongly object to the use of this particular HARLIE engine as a legal advocate."
"On what grounds?"
"This unit is an experimental engine. Its abilities are unproven. It isn't certified."
Bouncing Off the Moon Page 31
