Well, hopefully. Otherwise, this is going to be a fairly tedious post. Actually, upon review, there's no sex. That's not a comment on Heinlein. Heinlein was a very sexy writer, at times. At other times (like when the Boy Scouts were publishing the material), not so much. And there's plenty to tut-tut about, if you're into that kind of thing. I'm not particularly into tutting. We'll leave Sex and Law in Heinlein for another time.
Following my ambitious boast in yesterday's preview, HF Pending (And no more Jots), I'm going to discuss
Science Fiction Crimes
in Heinlein's stuff. Stuff being broadly construed, and referring here to his books, short stories, and writings generally.
Follow me then, deep into the tangential plot details, past the thicket of uncertain meaning, your only guide the mind of a lawyer (no, don't turn back!) - to our goal: Real Crime! Ripped from the Headlines of - not the real world, that's for certain.
First, let's do some definitional work.
I'm not going to discuss civil litigation in Heinlein. I've mentioned some of the more dramatic instances, including last week's post on the short story Jerry Was a Man, in which a genetically modified chimpanzee brought suit in his own name ("Jerry," if you're wondering) and asked the court to declare that he deserved a basic amount of dignity - which implied, for example, denying the corporation that created him the right to euthanize him, and by extension those like him. If you're curious how the suit is resolved... and you haven't noticed the title of my post or the title of the story yet... I reveal it, behind spoilers, in the post.
There's also the various proxy fights, quasi-civil cases (see the case of Lummox, discussed in these two previous HF posts), and similar good stuff. In that second post, for example ("Lawyers Beyond Stereotypes," I mention I Will Fear No Evil's Jake Solomon and the case he brings on behalf of Johann Sebastian Bach Smith, whose brain has been transplanted into the body of his (deceased) young female secretary, Eugine Branca. A rollicking case. But not the subject of today's post.
We're also not discussing torts, like civil trespassing, nuisance, civil battery (including punching someone in the nose), or invasion of privacy; we're also not discussing cases involving property, real or otherwise. Property cases can involve inheritance (plenty of Will battles, as I noted in earlier HF posts; see Citizen of the Galaxy, not to mention I Will Fear No Evil, supra). I'm definitely going to devote an upcoming HF to patent law and trade secrets; there's a wealth of good material there for IP (intellectual property) geeks.
What is a crime?
We're going to have to get a bit stuffy and formal here, I'm afraid.
Crimes are forbidden acts, committed by actors. Extended legal discussion follows:
How might a sci fi crime play out? Well, ideally it's not just another boring murder mystery where the deceased is an alien, and the locked room is a locked room, and the detective has two heads. If there's no reason to make it a science fiction story, tell it straight. See e.g. Watt-Evans' Sixth Rule of Fantasy.
A crime could be
- an act not forbidden under law as we know it ("No time-traveling back to shoot your grandfather; it's a form of suicide")
- an act "committed" by science-fictional means ("And then he lifts up the gun with his telekinesis, and teeks the bullet right into the other guy!")
- committed by a "person" who is science-fictional (alien, computer, disembodied...)
- committed in a science-fictional setting, where the rules (indeed, the laws of nature or the amount of gravity) could be totally different.
Isaac Asimov played a lot with murder mysteries; Larry Niven the same. But Heinlein usually wasn't as focused on the murder, as on the rest of the plot he was telling. "The Cat Who Walks Through Walls," for example, one of my most favorite Heinlein books (despite its detractors), begins with a murder, and ends with (spoiler!) the death of a cat, not to mention the protagonist and his spouse. Apparently. Everyone (except that first corpse) is resurrected in the next book, and on the fun rolls. The murder is not punished at all, or indeed discussed for hundreds of pages. Yet, it is a key plot element; it sets all other events in motion.
Let me restate (some of) the possibilities.
- Crimes with impossible acts
- Crimes in impossible places
- Crimes committed by impossible people.
I particularly like the first one. It's not generally speaking possible to commit a crime by taking your own possessions. The elements of the crime of theft (or larceny) are that the actor must have deliberately taken without permission the property of another, intending to permanently deprive the person thereof. But could it be a crime to take your own possessions, without permission? See "By His Bootstraps," and "The Door Into Summer."
Impossible places: This includes outer space, which exists but which is not currently inhabited beyond high Earth orbit, and Venus, which is not nearly as Heinlein depicted it back in the 1960s and earlier. The Wiki article on Venus notes that the 1962 space probe Venera I was the first to reveal that the surface of Venus was a balmy 425 degrees Celsius, or hot enough to ruin a pizza - or your day. Pizza-baking occurs at 425 degrees F - or about 235 Celsius.
Impossible people: Is it a crime to steal, if you're a computer? Don't ask Mike, aka Mycroft, the H.O.L.M.E.S. IV computer that runs much of the infrastructure in the Moon, in The Moon Is a Harsh Mistress. He plays a few gentle jokes, like the following exchange between Manny (Manuel Garcia O'Kelly Davis, the narrator) and Mike:
"Mike, why did you tell Authority's paymaster to pay a class-seventeen employee ten million billion Authority Scrip dollars?"
"But I didn't."
"Damn it, I've seen voucher. Don't tell me cheque printer stuttered; you did it on purpose."
"It was ten to the sixteenth power plus one hundred eighty-five point one five Lunar Authority dollars," he answered virtuously. "Not what you said."
"Uh . . . okay, it was ten million billion plus what he should have been paid. Why?"
"Not funny?"
"What? Oh, every funny!"... etc. Text gakked from this sample chapter, probably a copyright violation but it's not my problem, my use is academic and not commercial, and would fall under fair use.
Has a crime been committed? If a human did it to enrich himself, there certainly would have been. Uttering a false check, maybe embezzlement, fraud, grand larceny on a scale never attempted before by a human being. Something.
Same kind of question, different crime: What if the "actor" is an alien for whom humans are subhuman or even lunch? For both sorts of alien, consider my post on Aliens, Combatants, and the Other. If there's something that's godlike, then what is man to It, that It should be mindful of us? And if it's a predator and we are Soup to it, then how are we going to punish it under our laws for doing so? The most we can do, is kill them - if we can. The Moderator, of course, might have the power to adjudge a species to be a threat, and take appropriate action. But again, if it's just us, vs. superaliens? "Mice voting to bell the cat," is what Wormtongue - oops, wrong Ficton. I mean "Wormface" - said. More accurate when it's humans trying to outlaw eating us, as opposed to the Three Galaxies who decide to pass the ultimate sentence on Wormface - and his entire race. They rotate his planet. See Have Spacesuit, Will Travel for the story behind that simple, chilling sentence.
Heinlein didn't spend as much time on bank robberies as Harry Harrison, of Stainless Steel Rat fame, has. He has fewer superdetectives than Asimov. There's nothing like Gil "The Arm" Hamilton's amazing third arm, or his or Beowolf Schaeffer's impossible crimes, solved by rigorous logic and luck and bravery in Niven's Tales of Known Space. But for all of that, there's some great crimes in Heinlein.
Murder - with a laser, or an exploding dart gun, or an H-bomb, or by "erasure."
Theft - is it a crime to steal a person, if the person is a computer, and the computer will be destroyed if you don't "steal" it?
Tax evasion - well, it's fun, anyway. See the trial in The Rolling Stones, mentioned in HF: Courts and discussed more substantively in Lawyers.
Assault - we discussed the "punch in the face" example, linked at the beginning of this post.
Got any more favorites? Note them in the comments, please, and I'll update the post.
And that's it for this week!
Check back next week for another installment of Heinlein Friday. I believe I'll be taking up patent law, in connection with The Door Into Summer among other stories.
All Related Posts (on one page) | Some Related Posts:
The first, in a couple of senses, is "The Roads Must Roll". In addition to the foreseeable consequences of wrecking the roads (death, injury, and property damage, all of which could be charged), there's the whole issue of the duty of the workers to actively keep the roads rolling. (See the PATCO strike for an interesting, though not criminalized, comparison.)
The second is "The Long Watch", which presents some interesting questions about military law and the duty not to follow illegal orders. This is in addition to the basic treason, extortion, and mutiny that are at the heart of the story.
* Until today I didn't know that the plural of precis is precis, but the pronunciation is different. (Diacritical marks omitted, but the same in singular and plural.)
Thanks on both counts! Those are both excellent stories, and both are excellent examples of crime and crime-like behaviors.
Wasn't the recent NY strike/walkout/stoppage/whatever actually illegal, since the workers involved (municipal?) had no right to strike under NY law? I seem to remember Kip, Esquire blogging about it. Ah, here's a link. Oh, here's the better link: a single page collecting all of his posts on that chained topic. His outrage, as always, is charming.
The Roads Must Roll - yes, I think there's some good stuff in there, postworthy for sure.
As for The Long Watch - heavy stuff. It's one of my favorites, but the theme (while Law-esque) is more of patriotism, and one man's deeply felt divide between the demands of duty to greater humankind, vs the duty of loyalty and obedience to one's lawful superiors. Yes, there's no duty to obey an unlawful order - although you can get shot disobeying - but how do you know it's unlawful, rather than just awful?
What's the dividing line between a terrible idea, and a treasonous idea? How can you tell if something is a mutinous-but-right decision, vs. a morally wrong one?
*Not all comments welcome. Flippant, facetious, fierce, or fatuous, fine. Fraudulent, felonious, fabricated, facially insufficient, and farkin' futile, fuggeddaboutit.