First Published On

The Human Conspiracy Blog: http://www.jaygaskill.com/blog1

The Policy Think Site: http://www.jaygaskill.com

 “THE HUMAN CONSPIRACY BLOG”

THE

ARCHIVE

Covering All Posts from

June 29, 2006 through June 6, 2007

 

 

ALL contents (unless a different copyright is otherwise identified or implied, -- as when excerpts for other news and commentary were referenced) are Copyright © 2005, 2006 and 2007 by Jay B. Gaskill, Attorney at Law.  For permission to reproduce in any form, please contact the author via email law@jaygaskill.com.

 

 

SET ONE: JUNE/JULY 06

[JUNE 29 through July 29th, 2006]

 

June 29, 2006

 

Welcome to the Human Conspiracy Blog.

  

You are invited to join the pro-human team, that bravest subset of all humans.  We are the ones who have noticed that anti-people forces have emerged as a “respectable alternative” within this modern and post modern culture. And we are the ones who are willing to declare ourselves: We value people over causes, over the ideologies and the other false “Gods”. 

 

Warning: Before you “come out” as a member of the HumanConspiracy, you should be aware that to openly favor ”mere” human concerns against the cultural trends of the moment can be hazardous. 

 

Under the current social conditions, reasonable and non-ideological discussions tend to be marginalized or derided whenever they trespass on the secular religions of the day. That ordinary people with common sense and reasonable minds might need to form a “conspiracy” to promote sanity is beyond ordinary irony.

 

Join the Human Conspiracy and expect to strike sparks from the flamers of the crypto-Marxist, politically correct left and the unthinking, literalist right.  Both tend to apocalyptic hysteria, the marginalization of real evil, and the demonization of their opponents.  Honest, intelligent arguments from the creative center tend to irritate the fringes. Unfortunately, the fringes are sometimes in control of the debate.  But not for long….

   

We Hold at Least Nine Things in Common

 

We may differ on a thousand issues of “consequence”, but we share 3 priorities:     

1.     Persons over things.

2.     Humans over causes.  

3.     Humanity over “Gaia” and the other pretenders to Ultimate Value.

 

Our individual agendas may clash, but we share 3 essential human attributes:   

1.     Common biological origin tracing its lineage back to the Beginning of life;

2.     Conscious intelligence, capable of empathy, foresight and creative innovation;

3.     The “same boat” fate: We are the only thinking, moral, creative agents yet found.

 

We each honor a heritage that includes 3 core affirmations:

1.     The value of civilization as our essential life sustaining social technology;

2.     The essential rules, norms and principles needed to sustain civilization;

3.     An Ultimate Source of value beyond mere tribe (whether named or not).

 

Stay tuned…


POST ONE

 

June 30, 2006

My Private Idaho

 

Last week I slipped away to my Idaho retreat. Michael and his wife, C, long time friends and sometime neighbors, had touched down briefly from their two year long South African saga, introducing “little Guy” to me and the neighborhood. “LG” is one bright, energetic, healthy, sturdy little baby, his adoption complete, thank you, but his US immigration papers still pending in a bureaucratic loop. [C, the adoptive Mom, is a US Citizen.]

 

During the visit, LG immediately became a magnet for the neighborhood girls – one toddler, three pre-teens – who instructed him in the art of crawling on the lawn and inspecting the sprinkler at close range. Michael reports that LG later applied his new skill in the bathtub.

 

Michael is one of the most resolutely optimistic people I’ve ever met. He hails from the UK’s Lake Country and is, by any measure, an authentic Celtic mystic. LG is this couple’s second attempt at adoption. Their first, little “S”, was taken home at about 4 months, with Aids antibodies in his system in the hope that his would one of the many cases in which baby is carrying Mom’s antibodies but not the HIV pathogen.

The current president of South Africa is of the thoroughly irrational opinion that there is no connection between an HIV infection and Aids. Michael and C were under no such illusions when they took little S into their home, and kept him even after he became sick. The hospital offered to let S die in the ward set aside for such grim events, but M insisted on keeping little S till the very end. S died in Michael’s arms.

 

During this all too brief visit, I was moved to write the following meditation:

 

That Gift

 

We are the children of the God who made pansies. But we are not the children of a pansy God.

 

It was not by some cosmic accident that we were born into the world that God is still making, the real world with its sharp edges, broken spirits, and opportunistic evil.

 

We were not meant to hide in the womb while evil roams outside. We were given the blessing of difficult but important work. The Garden of Eden story was about our passage out of the nursery. In the real word, we face impossible moral choices and experience inevitable failure. Yet we are sustained by the Author of hope.

 

We were made in God’s essential image in order to live with good and courageous hearts in the real world. We were blessed with great powers, among them the powers of life, conscious intelligence and creative genius. We are to use these gifts to protect the innocent from the evil; to negotiate life’s sharp edges with intelligence and humor; to heal the broken spirits around us; and to grow into God’s high hopes for us. We are expected to engage with the world and use the moral compass God has provided each of us. We were born into this world to love and to be loved. That we are loved by the Creator in spite of all is proof of the divine sense of humor.

 

All of God’s opportunities and blessings are also burdens and challenges. What God wants for our enemies is that which God wants for us: Seek the good in all its forms and oppose evil in all its forms. We are called to treat our enemies with love and respect, but we are also called to oppose evil with every ounce of intelligence and courage in our being.

We are called to live in joy and to experience freedom. And we are sometimes even called to experience pain.

 

But we have been given the gift of divine companionship in every experienced moment, no matter how difficult. This is why the opposite of joy is not pain but despair. As long as we can feel God’s caring presence nearby, even in our pain and isolation, we will not despair.

 

We are called to love God, our Creator, and the Ultimate Source of our very being and of our very purpose. Yet our greatest gift, the one we too often have difficulty experiencing, is the ability to hear God.

 

Yet that still, small, mighty voice is never far from us. Our challenge is to hear God over the buzz of the world.

 

While in my Idaho retreat, I can sometimes hear God’s still voice over the buzz of children’s voices….

 

 

July 3, 2006

Lawyers, Fruit Flies & Rotting Mangoes

 @ 3:46 pm  (as edited July 4th - 6th) A Longer Version of this Piece appears in “The Policy Think Site” http://www.jaygaskill.com/Fruitflies.htm    

 

My apologies to fellow lawyers and fruit flies. 

Lawyers, Fruit Flies and Rotting Mangoes

By 

Jay B. Gaskill 

 

No other developed country in the world has given its legal class so much obstructionist power, especially as to those areas of life where most people, most of the time are simply allowed to take reasonable (or unreasonable risks) and to bear the consequences of their own foolishness.  This point came home to me a few years ago when, in New Zealand, a horde of tourists were ushered in the dark around an impossibly low railing, a single metal bar separating them from a deadly and deafening cataract of water below.  “Take care,” the Kiwi guide said, “and don’t slip.  You Yanks don’t get sue here like you do at home.”  

 

There was something refreshingly Darwinian about that admonition and what it implied about the healthy Kiwi culture. Actually, the infamous propensity of Americans to sue excessively and the resulting risk-averse “nanny” culture the lawyers have helped create is not really the product of the large number of lawyers employed in the US.  The lawsuits and the lawyers are themselves byproducts of something else; I call it the large number of rotting mangoes, a metaphor I will soon explain.  Consider: There is no constitutional or God-given right to sue anyone for negligence or for almost any other cause.  Lawsuits arise from what we legal scholars call a “cause of action.” Granted, there were a few basic causes of action inherited from the British Common Law when the American Republic was born, but they were both few and basic. Generally speaking, lawyers didn’t run peoples’ lives at work and at play in the days of Jefferson, Washington, and Adams.  For that matter, the situation hadn’t gotten out of hand as late as the Eisenhower years. 

 

Also consider:

 

There is no constitutional or God-given right that a lawyer will be generously compensated for merely filing and pursuing a lawsuit. Rotting mangoes are the causes of action and guaranteed generous legal fees that have fueled the lawyers’ takeover of the country. All this has taken place right under our noses in less than a half century. Today, lawyers swarm to any exploitable crack in the power structure of society like fruit flies to a barrel of decaying mangos.  It isn’t their fault, any more than a fly can be blamed for following the smell of rotting fruit, a cat for chasing a mouse, or a dog for chasing a cat. 

 

It’s in the DNA. 

 

Continued on http://www.jaygaskill.com/Fruitflies.htm

Copyright 2006 by Jay B. Gaskill 

 

July 6, 2006

 

That Brilliant Dream:

The Republic After 230 years

 @ 9:19 pm

Copyright © 2006 by Jay B. Gaskill 

 

 

July 4, 2006

         

July 4, 1776

 That Brilliant Dream

 

Thursday, July 6th

Reflections

By

Jay B. Gaskill

 

As a practical matter, we comfortable Americans find it impossible to imagine the perilous State of the Union as it existed 230 years ago. Something authentically new had been born, a non-royalist, democratic republic, founded and sustained – against all odds – in the Judeo-Christian tradition and the English version of the Enlightenment. 

 

This experiment would prove durable beyond all rational hope. But in 1861, when the Civil War began, no one knew that.

 

Flash forward to 1865.  The young nation was dreadfully engaged in a war more brutal and costly than any before or since.  The very survival of the United States of America was profoundly in doubt. 

 

The President was not a popular man. The war was not going well and the vilification of Abe Lincoln in the press and among the vacillating classes was unprecedented.  As a later President, John Kennedy, wryly observed, victory has a thousand fathers but defeat is an orphan. 

 

In 1865, Lincoln presided over chaos and many smelled defeat. 

 

Civilizations whose leaders and members are not rooted in the sterner part of the moral order cannot summon the will to defend themselves when challenged by a more cohesive, more fervently motivated adversary.  There is a Darwinian logic at work here that favors the triumph of the religious society over the complacently hedonist culture, the “blood sweat and tears” rally over the “make flowers not war” withdrawal, and the committed, brave heart over the timid, ambivalent soul.

 

As President Lincoln began his terse second Inaugural Address, he recalled:

 

This piece is continued on The Policy Think Site with graphics.

Go to: www.jaygaskill.com/BrilliantDream.pdf  .

 

                        

July 8, 2006

Thieves and Honor

 @ 2:59 pm

 

Honor Among Thieves -- A Modest Observation

By

Jay B. Gaskill

 

The current post-modern ethos is a muddle of incoherent ideas where confused notions of cultural and moral relativism cohabit with vague notions about “rights”.

 

A return to the common sources and ultimate authority of fundamental human norms is central to any cultural recovery from this cultural dead end. 

 

I would open that critical discussion by posing one simple question:

 

Why are there reasonably consistent rules that apply within a working cohort of thieves?

 

I submit that thieves are really hunting teams, predator cohorts that cooperate in a common endeavor – to acquire resources by a combination of force and stealth. Because of the inherent danger of the operation, a certain basic trust must be established, and a division of spoils agreed to. 

 

While actual thieves tend (in my professional experience) to screw up, this happens most often because they tend to violate their own agreed norms. 

 

But the nature of the rules they apply to themselves is surprisingly instructive.  Five simple rules are rationally necessary to the success of any criminal enterprise. 

 

Here they are:

 

1.     Veracity

 

Without some minimum truth fidelity and avoidance of significant deception, the baseline cooperation for the enterprise would quickly disintegrate.  In fact there is a kind of Darwinian selection in operation here: The criminals who fail to follow such norms are usually the first ones caught.

 

2.     No theft from fellow thieves

 

3.     No serious assault on fellow thieves

 

4.     Promise fidelity among fellow thieves

 

5.     Obedience to leadership

 

Like all rules, this “thieves’ honor” set of precepts is sometimes observed in the breach, but that begs the point:

 

These five norms are also at the core of all moral systems that support civilization. 

 

Think about it: The cohort norms needed for the close cooperation of a predator-hunter team or for a criminal gang (indeed for the accomplishment of any similar, survival-related task among otherwise independent, intelligent actors) belong essentially to the same set and: 

 

The rules that make up civilization’s necessary moral architecture are “thieves honor” writ large.

 

Within the given cohort, the essential norms apply equally to all members, but are subject to an agreed or imposed leadership principle. In primitive cohorts, this is the alpha - follower model. There are other more sophisticated models as well, especially for larger, community-based cohorts. 

 

My proposal:

 

Any working civilization represents, at a minimum, the extension of the theft-cohort norms to the entire civilization’s scope of authority; and therefore represents at least a partial universalization of that set of cohort norms.  This creates an expectation of equality of norm application within specific cohorts.

 

More, later.

 

JBG

 

July 10, 2006

Why Blog a Murder — A Little Evil in Lafayette

 @ 2:57 pm

 

Following a Murder Case

 

On October 15, 2005, the body of Pamela Vitale, wife of criminal defense attorney, Daniel Horowitz, was discovered in the couple’s trailer home in suburban Lafayette, California.

 

Because Dan Horowitz was a Court TV celebrity, his agony was displayed on the evening television news, along with helicopter shots of the property. The Vitale-Horowitz trailer was a temporary dwelling on the construction site of the couple’s dream home.

 

Daniel Horowitz was then engaged in the defense of Susan Polk who was accused of stabbing her husband to death. At first, Horowitz attempted to soldier on, but his role as the lead trial lawyer in the Polk case was not to be.  A mistrial was declared. Eventually, Mrs. Polk elected to represent herself – a catastrophic mistake.  She is now awaiting sentencing for second degree murder. For that account, see http://www.jaygaskill.com/Polkfolly.htm  .

 

Daniel’s wife had been severely beaten and was stabbed a number of times. An abdominal stab wound was inflicted