divendres, 26 d’agost de 2016

So Skrrgck, an obliging fellow at heart, tried first to get it back, but this proved impossible, for he had sold the building to the Aldebaranian Confederacy for use in its annual "prosperity fiesta." The dominant culture of the Aldebaranian system is a descendant of the "conspicuous destruction" or "potlatch" type, in which articles of value are destroyed to prove the wealth and power of the destroyers. It was customary once every Aldebaranian year—about six Terran—for the Aldebaranian government to sponsor a token celebration of this destructive sort, and it had purchased the Merchandise Mart from Skrrgck as part of its special celebration marking the first thousand years of the Confederacy. Consequently, the building, along with everything else, was totally destroyed in the "bonfire" that consumed the entire fourth planet from the main Aldebaranian sun. Nor was Skrrgck able to arrange the return to Terra of the occupants of the building, some 20,000 in number, because he had sold them as slaves to the Boötean League. The history of man becomes fearfully and wonderfully confusing with the advent of interstellar travel. Of special interest to the legally inclined student is the famous Skrrgck Affair, which began before the Galactic Tribunal with the case of Citizens vs. Skrrgck. The case, and the opinion of the Court, may be summarized as follows: Skrrgck, a native of Sknnbt (Altair IV), where theft is honorable, sanctioned by law and custom, immigrated to Earth (Sol III) where theft is contrary to both law and custom. While residing in Chicago, a city in a political subdivision known as the State of Illinois, part of the United States of America, one of the ancient nation-states of Earth, he overheard his landlady use the phrase "A license to steal," a common colloquialism in the area, which refers to any special privilege.

Skrrgck then went to a police station in Chicago and requested a license to steal. The desk sergeant, as a joke, wrote out a document purporting to be a license to steal, and Skrrgck, relying on said document, committed theft, was apprehended, tried and convicted. On direct appeal allowed to the Galactic Tribunal, the Court held:
(1) All persons are required to know and obey the law of the jurisdiction in which they reside.
(2) Public officials must refrain from misrepresenting to strangers the law of the jurisdiction.
(3) Where, as here, a public official is guilty of such misrepresentation, the requirement of knowledge no longer applies.
(4) Where, as here, it is shown by uncontradicted evidence that a defendant is law-abiding and willing to comply with the standards of his place of residence, misrepresentation of law by public officials may amount to entrapment.
(5) The Doctrine of Entrapment bars the State of Illinois from prosecuting this defendant.
(6) The magnitude of the crime is unimportant compared with the principle involved, and the fact that the defendant's unusual training on Sknnbt enabled him to steal a large building in Chicago, known as the Merchandise Mart, is of no significance.
(7) The defendant, however, was civilly liable for the return of the building, and its occupants, or their value, even if he had to steal to get it, provided, however, that he stole only on and from a planet where theft wgalas le.

1 comentari:

  1. he moment of his birth, and he was widely and joyously acclaimed. Riding on this wave of popular adulation, he entered politics, ran for the office of Premier, and was elected by an overwhelming majority.
    As soon as he took office, he took steps, in accordance with Altairian custom, to wipe out the "stain" on his honor incurred by allowing the Chicago police sergeant to fool him with the now famous License to Steal.
    He instituted suit against the sergeant for the expenses of his defense to the original theft charge.
    The case was carried all the way to the Galactic Tribunal, which by this time was heartily sick of the whole mess. Feeling apparently that the sergeant was the original cause of said mess, the Court overruled his plea that he had merely been joking.
    The Court cited an ancient case from West Virginia, U.S.A.—Plate v. Durst, 42 W. Va. 63, 24 SE 580, 32 L.R.A. 404. (Note: The date of this case is invariably given as 1896, which is most confusing, since the present date is only 1691. The 1896, however, refers to the eighteen hundred and ninety-sixth year of the pre-atomic era, which we, of course, style A.A.—Ante Atomica. Since the present era begins with the first atomic explosion, the case actually occurred in approximately the year 54 A.A.)
    The Court quoted the opinion in this ancient case as follows: "Jokes are sometimes taken seriously by ... the inexperienced ... and if such is the case, and the person thereby deceived is led to (incur expenses) in the full belief and expectation that the joker is in earnest, the law will also take the joker at his word, and give him good reason to smile."
    Accordingly, the sergeant was charged with a very large judgment. Although the City of Chicago paid this judgment, the sergeant had become the laughing-stock of the planet, so he applied for, and was granted, a hardship exception to the Treaty of Deneb and migrated to Boötes.
    There, regarded as the real savior of the Boötean race, and a chosen instrument of the God of Boötes, he was received as a saint. He died in 1689, surrounded by his 22 children and 47 grandchildren, having made himself wealthy by becoming the leader of a most excessive fertility cult, which is only now being forcibly suppressed by the Boötean Government.
    In 1635 P.A., someone on Earth remembered the kidnapping indictments still outstanding against Skrrgck and attempted to prosecute them. By this time, however, Skrrgck was Premier, the chief executive officer of Altair, and all extradition matters were within his sole discretion. In the exercise of this power, he refused to extradite himself, and the prosecutor on Earth, whose constituents were beginning to laugh at him, had the indictments quashed "in the interest of interstellar harmony."
    The story has an interesting sequel. During Skrrgck's unprecedented six consecutive terms as Premier (no one else had ever served less than seven), he was able, by dint of unremitting political maneuvering, to have theft outlawed in the Altairian system. It was, he said, "a cultural trait that is more trouble than it is worth."