Tag Archives: Russian

The Presidency in a Lon Fuller Cave

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When is a criminal act a criminal act? I remember studying R v Dudley and Stephens.  In the case, four men were shipwrecked, and with little hope of making it to land and one of the men fallen into a comatose state, two of the men decided to kill and eat the dying man in order to survive. One of the men refused to participate. The case was a precedent in establishing that necessity doesn’t justify murder. If I remember correctly, it was also a test on the reaches of the law, and whether the fact that the men were lost at sea and therefore out of the reach of legal powers, makes the law inapplicable to them during the act, much like a legal Schrödinger’s cat.

This is somewhat related to the “Case of the Speluncean Explorers” written by Lon Fuller for the Harvard Law Review. It’s a though experiment where Fuller gives a hypothetical case of cave explorers who were trapped in a cave, and in order to stave of starvation, drew lots on who to murder and eat in order for the rest of the men to survive. He wrote about five judges’ differing opinions on the case. I would not explain all of the judges’ reasoning, but one judge argued for setting aside convictions since the “murderers” in the case were out of the reach of the laws of society and thus were in a state of nature and under natural law. Under natural law, rules are governed by reason, and it is only reasonable to kill one person in order for the rest to survive. The purpose of the law forbidding murder, which is deterrence, also doesn’t apply to them under such a state because A. they were in an extreme situation B. it could be argued that preventing one murder would lead to more deaths, and C. which legal authority would prevent the murder in such a state?

This brings me to the current issue of the growing case against Donald Trump. In order to hide possible collusion with Russia during the election, Trump may have committed several indictable offences already, committing crimes to cover up a crime. He may be tried for intimidating witnesses and obstruction of justice when he tweeted about James Comey after firing him and Sally Yates during her questioning. He may be guilty of obstruction of justice when he inquired about his own investigations, asked for the investigations to end, and fired people investigating him. And even asking for a loyalty pledge from his own investigator is obstruction of justice and a criminal conspiracy should Comey have agreed to pledge to Trump. There’s also him tweeting about the supposed tapes, which if they do exist, could also implicate him in whatever crime he’s trying to blackmail Comey with, or would make him guilty of obstruction of justice and destroying evidence should he say that he got rid of the tapes. This is just for the past couple of days. It doesn’t take into account the original issue of collusion with a foreign government as well as conflicts of interests regarding his businesses.

Now, with all of these low-hanging fruit, would someone try to remove Trump from office? I’m afraid the president of the United States is in Lon Fuller’s cave as well. The country is in an extreme state, and just like the laws of society could not touch the men in R v Dudley and Stephens while they were at sea or the men in the cave, no one can touch Trump unless the people in power are willing to look for a crime. By virtue of him being in power and with the Republican majority being tied to their party, Trump might as well be killing and feeding on people while stuck in lawless isolation. He could hand the nuclear codes and all state secrets to Vladimir Putin while kissing him in the mouth during a press conference and it won’t be an offense unless people are willing to call it so. So far, he seems to have gotten away with so many offenses but people are willing to look the other way and not punish him the way other normal citizen would rightly face consequences in a civil society (“grab them by the pussy” anyone?). Trump is out of the reaches of law at the moment. Someone please bring him back to where the rest of us are before he causes any more damage.

 

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Brick Games

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Did a bit of exploring over the weekend. I went out to the Russian district, pet market, and flea market district. It was an interesting afternoon of sampling Russian fare, getting depressed at the sight of animals sold by the bulk, and getting lost in nostalgia at the site of people’s wares (and also wondering “who the heck buys these things?”). One thing in particular brought back memories of 1992.

Brick Game

Brick game, a Gameboy rip-off that played Tertris and other versions of the puzzle game, as well as the earliest version of the “snake” mobile game. I remember borrowing these from my friends because my parents thought it was a waste of time and would hurt our studies, so they never bought us one. I played enough Nintendo at home as it is; I didn’t need a video game to carry around. This was what everyone played if their parents didn’t want to spend $200 to get them a proper Gameboy. It was also the cheap game that crossed boundaries the same way the Nintendo Wii did. I remember my grandmother had one of these and was obsessed with matching falling bricks.

Luckily, my uncle gave us Gameboy as the Tetris-craze died down, just in time for Mario, etc. Pokémon became popular around 1994, but by that time, I was too old for the cutesy game.

Growing up, we didn’t have too many video games. We either borrowed games from friends or just lived without it. There was always an arcade nearby, but I didn’t waste money in them. I could already hear my mother tell me how foolish it would be to waste money on a game that I’m not even good at. My parent’s bought us the first NES. They didn’t get us the SNES. I had to scrimp and save before I could buy a Sega Genesis. They got us the first Playstation, and we had a PC that was capable of playing popular games at the time, but everything else I remember I had to get myself. I bought a Dreamcast from a pawn shop, traded in games, skipped on some that I simply couldn’t afford, etc.

I guess it’s this love of games and the early experience of having-but-not-really-having, that makes it interesting to me now even as a grown man. That, plus it offers a more immersive experience that just simply watching the television. I count myself lucky that I managed to find a wonderful wife who shares the same love for video games as well. She also shares the same experience of growing up and not owning one of these brick games.

It took me a couple of minutes before I could walk away and not make a very foolish purchase.

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