Murder in the Wind
by Zachary Reger
|
Table of Contents parts 1, 2, 3 |
part 2
Gertrude ended the quiet. “The arguments of each side having been presented, the Collegiate shall now address its questions to the bar.” The high judge motioned for the twelve to begin their interrogatories.
An elderly member of the Collegiate, sitting on the far end of the box, rose to submit the body’s first interrogatory. Trembling as she rose, she adjusted her spectacles to get a better eye on the parchment before her, on which appeared to be some prepared remarks.
“Counselor Ravensfoot, you and Counselor Shortwing present both different facts and opposing legal conclusions. Counselor Shortwing argues that he and his companions acted only in defense of a fellow crow. As recounted in the brief submitted to this College, four of Counselor Shortwing’s companions — and at least four there appear to have been — have corroborated his report in separate sworn depositions. Apart from those five, you appear to be the sole eyewitness, and as such you have no corroboration of your own testimony.
“You, however, argue that the Mute crow to whose defense your opponent came was already dead before the assault, and therefore, that the attackers acted not in defense of another but merely in revenge.”
The first interrogator rolled up her notes. “My question, Counselor Ravensfoot, is one of law and morality. It is a question of first impression in this court. The High College has never decided the legality of the use of violent force against a Man in defense of a Mute crow. Counselor, if this College accepts the testimony of your opponent as fact — as my brothers and sisters on the Collegiate are wont to do, given its corroboration — is it your opinion that the actions of Counselor Shortwing and his companions, as many as there may have been, were a violation of crow law?”
Alia rose to face the Collegiate. “Members of the Collegiate, it is my opinion that even were the Mute crow in fact alive at the time of the assault, and facing imminent danger from a human child, that the use of violent force in aid of such Mute would not have been legal under our laws and precedents.”
Alia’s statement set off a wave of murmurs throughout the gallery, as crows turned to one another to put their own gloss on what had been said. The members of the Collegiate themselves looked befuddled. The first interrogator asked, “And how can that be, Counselor?”
“The question is this: Who is entitled to the fullest protection of our laws, and why? Of course, as clearly stated in our constitution and bill of rights, the rights of all intelligent crows are sacrosanct and inviolable. All of us here in this room are expressly entitled to the full and equal protection of the laws. Were this a case of force levied against an intelligent crow in defense of the life of another intelligent crow, we would have no hesitation in concluding that use of force valid. As established in the foundational case of this College, Greyclaw versus Wendelwings, defense of the life of an intelligent crow is a valid legal basis on which to justify the use of violent force against an imminent attacker.
“However, that is not this case. What we have here is an intelligent being, the human child Juniper, being attacked in alleged defense of an unintelligent being, a Mute crow. The protection of our laws does not extend to its fullest to Mutes, who have neither the attention nor the capacity to participate in our society to the same degree as an intelligent crow, who research has demonstrated suffer less from an equivalent amount of inflicted physical trauma, and who are unable to experience the same level of mental anguish as a creature that is thoroughly self-aware.
“Yes, our laws must and do protect the Mute crows to an extent, just as other unintelligent creatures enjoy minor rights, primarily negative in nature, under our legal institutions. But when the position of a Mute crow comes into conflict with that of a fully intelligent being, the position of the Mute must give way.”
The first interrogator nodded. “Thank you, Counselor. Now, Counselor Shortwing, do you agree with the opposing Counselor’s analysis?”
Stefen rose. “I am afraid, sadly, that I do not. Intelligence cannot be the criterion for rights under our law. Intelligence is not a switch that nature turns either on or off. Intelligence is not something that one simply has or does not have. It is a spectrum, with many points along a lengthy axis.
“Even within intelligent crowdom, we have varying degrees of accomplishment and capacity — those who are more distinguished or wiser than other crows. Should those crows be given greater rights than their brethren? Should they be worth more before the law? I say that such a notion is preposterous. But it would be the logical conclusion of my opponent’s line of argument.”
Alia interjected. “My argument admits of no such conclusion. A clear demarcation can be drawn between the Mute crow who passed, and the intelligent cadre who attacked the intelligent victim. We need not draw further lines within those broad categories. Fringe cases may be addressed when and if they arise.”
“Your lines are arbitrary,” Stefen said. “They are based on nothing but convenience for your case. A human child of six is not yet even fully self-aware. But surely under our laws children must have rights equivalent to that of adults of their own species. And so you, Counselor, conveniently avoid the sticky question of sliding intellectual capacity.”
“A child will, with time, become fully self-aware,” Alia said. “That is enough of a difference to draw a legal distinction between a child and an unintelligent creature.”
Alia remained calm and exacting. “You accuse me of basing my arguments on convenience, Counselor, but I believe it is you who are most guilty of motivated reasoning,” Alia said. “Today you claim to be guardian of the Mutes, yet until now, when have you ever supported the welfare of their kind? I might proffer a different theory for your assault on Juniper. When it comes to Mutes, I think you merely see a convenient pariah, over whose body you may justify a zealous hatred of Men.”
Stefen’s voice betrayed a growing anger. “You dare question my intentions—”
“As well as I question your methods,” Alia replied.
On Gertrude’s gesture, the Sentinel struck his stave into the ground with a loud thunk, and the litigants fell silent.
“That’s quite enough,” Gertrude said. “We are now far beyond the scope of the question asked. Counselors, control yourselves, and refrain from personal attacks.” Getrude motioned to the Collegiate. “Collegians, please continue the interrogatories.”
The first interrogator having concluded, a second rose to take her place. This member of the Collegiate was nearing middle age and, to a crow, quite dashing. He presented a new hypothetical.
“Counselor Shortwing, were you to happen upon the scene reversed, with the Mute crow threatening the life of the human girl, would intervention by way of violent force against the Mute have been legally permissible?”
“Why certainly,” Stefen said. “My argument is merely that the worth of a crow, even a Mute crow, be at the very least that of a Man. Given the teachings of Greyclaw, the rights of an attacker to be free from outside assault give way to those of his victim to be free from the attacker’s assault. The doctrine of defense of others is deeply embedded in our history and precedents. My argument merely extrapolates that doctrine in the most logical direction.”
“Counselor Ravensfoot, your reply?”
“I agree with my opponent that, in the presented hypothetical, violent force could be used against the Mute to forestall its attack against Juniper,” Alia said. “Such is a natural conclusion of our law regarding defense of others. My case is not to put any intelligent being on a pedestal above any other, but simply to treat like intelligence alike. Such is the mandate of equality before the law.
“However, again, I must argue that the rights of an intelligent being, when in conflict with those of an unintelligent being, are paramount. Were this College to hold otherwise, we would be forced not only to extend the strongest of legal protection to Mute crows, but to all sorts of unintelligent creatures. What of the mice we eat? At dinner, are we in violation of their civil liberties? What of bugs and bats, moles and mollusks? Are fish to become a protected class? If we are to draw no differentiation in legal rights based on intelligence, we must surely starve.”
“Counselor, I must object to this misrepresentation of my case,” Stefen said. “I argue not that all unintelligent life receive the fullest of legal protection, but merely that life which is no different from any of us but for the accident of fate that begat our intelligence, and which still serves a crucial role in our society through propagation of the species.”
“You would extend the fullest of legal protection to an unintelligent creature, then, only when such creature looks like us? And yet you accuse me of drawing arbitrary lines.”
Stefen’s eyes narrowed. “I would extend the fullest of legal protection to creatures that are us. We are crows. We have always been crows. And we will forever be crows. Intelligence is a gift, one that we are fortunate to possess but could easily have expended our entire lives without. As enlightened crows, we have a moral responsibility to use our gift in protection of those less fortunate. The mark of a civilized society — what differentiates crow from Man — is the protection of the weak by the strong.
“Or is your estimation different, Counselor Ravensfoot?”
“I think the Counselor confuses his battering of a defenseless child for gallantry. Remind me again, between you and this little girl, who is strong and who is weak?”
“Please,” Gertrude intruded, hushing the clashing Counselors. “A reminder that while you are acting as an officer of this College, you are to refrain from personal jabs. We are here to arrive at a judgment based on law, not trade barbs like bickering nestlings.”
The judge turned to the Collegiate. “Do the interrogators require any further information of the Counselors?”
“We are finished, Your Honor,” said the second interrogator, retaking his place among the Collegiate.
“Then this College shall be in recess. The Collegiate shall spend the remainder of the day deliberating in chambers. We reconvene at first light tomorrow to hear their final judgment.”
With a loud thud of the Sentinel’s stave, the court was dismissed.
* * *
Copyright © 2024 by Zachary Reger
