QUANTUM PSYCHIATRY: A Prologue

Well here’s a toddy ta dee ta: I’ve decided to become the first student so named of quantum psychiatry. And by way of it something of a practitioner.

Ah, I can hear the breathless words now:
“Montresor, Montresor, what is this I here about quantum psychiatry?”

I kept to my studies, did not look up, to finish the sentence I was penning.

“Oh,” he said, “the Amontillado was better quaffed than what you vouched safe for, but after spending such a long time behind the wall you masonried me in for . . as a joke, yes Montresor? well, I must say, I went a little bug-ga-da, and have NOT been the same since.”

I did not look up, but as I kept to my writing, I threw him small boon, to let him know I was listening: “What took you so long?”
“What took me so long?” he said, like a distant echo from a far off land. “Well, I had to dig my way out with a folding knife, just in time to learn that you have proved homeopathy . . and now this!  Yes, yes, I think I could use the benefit of . . what is it they say? Quantum psychiatry? Oh but la, please do tell, Montresor, please please! I must know more.”

There was a breathless moment as I carefully placed my quill in its golden quiver, and pushed my reminisces aside; pinched the bridge of my nose, digging thumb tip and forefinger into the nasal corners of my eyes, then lifting my brow in mock surprise, opened them wide to stretch them, and turned my head, and peered over my spectacles at the once fat jolly chuff, now an poorly animated emaciation, who had been pleading into my left ear, (a bit deaf) and tugging at my jerkin.
“Fortunato,” I cried, my fist coming down on the arm of the chair “you dug yourself out with your folding knife? Didn’t you find the door at the southern end of the Immurement?”
“Door?” he said, befuddled. “Door? What door?” He pronounced it achingly and sat inn the companion chair at the sside of my rolltop. “Oh no,” he said, clasping his head with both hands.
“Yes,” I said, “it leads directly to the kitchen, where I left you a glass of cold milk and a roast beef sandwiche!”

He hung his head and cried. Actually the milk had been tepid and sour, and the sandwich nothing but hot mustard on stale bread, but it’s the thought that counts.
“Oh well,” I said, “at least you found the chains soft enough. Eh?”

“Oh but Montresor,” he said, renewing his pleas, “tell me of the quantum psychiatry! What is it, how does it work?”

“Well,” I said, getting comfy again. “It’s a bit of alchemy. The use of succussed high dilutes, as used in homeopathy, to affect human behavior. For the good of Mankind, of course.”
I smiled at hnim and nodded. He looked back at me in astonishment, as if I was some kind of wizard.

“Now,” I said, not knowing what else to say, “how might I help you, Fortunato? Why shouldn’t you be my first victim . . I mean client? Client!”

“I seem to be suffering from clausterphobia,” he said, as if taking inventory. Then he rememmbered what happened

“All the doctors,” he said, “all they want to do is get me hooked on their patented petro chemical synthesis, palliate my symptoms and line their pockets with my ducats!”

“Well,” I said, “we can’t blame them for that, now can we Fortunato? They only do what they know how to do and express their ignorance, and one certainly can understand their need to make a living at it.”

I rose from my chair and took him by the hand to a couch, sat him down, and with with my hand made an application of bioenergetic Anthropomorphic Field Transmission (AFT) and a few mesmeric passes, quieted him enough for him to lie back and enter into a trance.

“Allow me to enter your mind,” I said. ”Let us walk together down an imaginary path. Springtime. What do you notice? A flower, a bird? Where are?

“The Chateau!” he said happily. “In the garden. Oh a beautfiul day.”

“See the beautiful little blue flowers flower?” I said.

“Yes, yes . .” he said eagerly.

“Monkshood! Don’t touch them!” I said. “Most poisonous.”

“Oh my,” he rejected. “I don’t suppose . . hmm, once when I was a child I became very sick afterneating a blue flower . . Montresor!”

He sat up, gripping himself, and said: “Montresor, do you suppose . . “

“Relax, my friend, lay back down,” I said. He did I  commanded. ”L:et us return to where we were before. The garden at the Chateau. What is that long thing lying on the ground?”

“I see a beautiful walking stick,” he said. “I must have it . .”

“No!” I said. “It is a snake! Crotalus horridus, the timber rattler. Do you hear its shaker, like maracas?”

“Maracas! Oh dear me, I rememeber now, I was bit once by a snake while in the Americas!” he said. I made a note under loquaciousness.

“Montressor,” he said, sitting up once again, holding himself and staring at me. “You are amazing! How did you know?”

“Now, now, dear Fortunato,” I said, “Unhand yourself. Lay yourself back back down. . . there, there, good now. Close your eyes. Now  tell me of your anamnesia . .”

He opened an eye. “My what?”

“Your anamnesia,” I said, “the past life remembered . .”

Both his eyes widened and glazed over: “The past life remembered . . I . .I . .”

“Your traumas, Fortunato,” I said. “The things that have hurt you, physical, emotional, mental, your fears, your life, Fortunato, your life . . “

“My life,” he mumbled, and sputtered, then like a gathering storm, spoke of the recent immurement, then of the unintended insults he had born all of his life, and the intended ones, too, the betrayals, the robberies, the beatings, and another (one I hadn’t heard about) immurement; and a duel; drunkeness; a disease contracted at a bawdy house; a jab from a physicians needle that left him feeling poorly ever since; the separation of his parents; a particularly unjust spanking; a near drowning; his first immurement (good God) and a difficult birth. I made another application of AFT and it set in and began to do its work: in a deeper trance he recounted trauma experienced while in the womb! His father’s misgivings at being a dad; his mother’s fright . . and then traumas from previous lives!

When I awoke he was snoring peacefully. I looked at my watch.

Late!

I jumped up and shook him awake. “Fortunato, Fortunato, your time is up!” I said.

“Wha? What?” he said, trying to sit up, rubbing his eyes.

“How much do I owe you?” he said.

“I’ll send you my bill, ” I said. “I must first go over my notes, and then when I am ready, I will determine which remedies you need from the chemist, and prepare a schedule for their taking.”

“Oh, very well, ” he said drowsily as he toddled to the door.

I helped him out into the street where his carriage was waiting.

“Don’t worry, Montresor, ” I said, “the chancre will soon leave you and the dementia will clear up.”

“All that?” he said as the dirver snapped his whip and the carriage lurched forward, throwing him back.

“All that, and more,” I said, yelling after him waving at the empty street.

I quickly turned and hurried back in to pour over my notes, refresing myself with the secret recording I had made of his answers, furiously scribbling notes, diving into repertories, examining keynotes, paging through materia medicas.
I found Kent most helpful, and Boericke and Tafel most often in concordance, filling in where Kent stumbles.

Then Chappell, and Bailey, Morrison of course, and I’d be nowhere without Griffith’s new Materia Medica.

Goldfish . . hmm. Black obsidian, Chalice Well. Berlin Wall.

Thymus gland! Ah yes! And Amethyst!

Then suddenly, it was done, my first nude, the masterwork with all its rights of of primogeniture, my first born.

And speaking of cardinals, first, of course, I had to coisder where in the week to start in with the chronoeopathy, and when. Do I risk it first in treatment, last or during?

Do we begin on Sunday with Aurum, or end on Sunday, and with what potency? Is Sunday the first day of the week? No! Begin on Monday,the day of relection, with Argentum and Silica, the Mirror Remedy. Let Fortunato see himself as he is . . intersperse the routine with the individulized, his birth remedies, his constitutionals, miasms, chronics and acutes, and the anamnesis, marching toward the Golden Hour, on the Day of Perfection . .  YES! The Grand Finale!

My course was clear. On Monday I would administer the Mirror Remedy with Q potencies . . start with the brain, the organ of the mind! . . I must take copious notes . .  and usher in a New Age of medicine! to that end, finally, as it inevitably must come, with medica sine materia, ultimtely non material medicine, the healer who works with his mind alone !

New Science of Homeopathy Website: scienceofhomeopathy.com

It’s been a while since I’ve submitted anything here for an updoozal, so I’d like to first thank everyone who has supported me with their readership, and special kudos tothose who have deemed to grace my little blog with a comment, and that includes even the scoffers, because they keep me diving back into the literature to meet their objections; but I’d like to especially thank Dr. Sharma at the Hahnemann College in London for his invitation to me to speak on the science of homeopathy at the upcoming World Homeopathic Congress in London this coming April. I’m saving my allowance and I certainly look forward to it and hope I can make a reasonable showing in a clean suit, at least.
But the most important part is that it was such an inspiration to me that I have hoisted a new website, scienceofhomeopathy.com, dedicated to the subject as stated, which means featuring the work of so many people in bringing this wonderful science to fruition with clinical, physical, in vitro, and in vivo studies that prove the efficacy of it. I hope that anyone who has any questions about homeopathy will give it a looksee.
love to all,
John

Published in: on at 9:33 am Leave a Comment
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The Skeptic Challenge

Prologue- I’ve made the Skeptic Challenge as a response to the Psychic Challenge. I trust you’ll see its failings.The following is a transcript of “The Skeptic Challenge” video on Youtube, with additional annotations.  Commentary is being edited for publication in a future blog to follow. 

INTRODUCTION

My name is John Benneth and I will pay one thousand dollars to any person who can demonstrate, under conditions similar to James “the Amazing” Randi’s Psychic Challenge, that the Psychic Challenge is a valid offer for proof of psychic powers, the paranormal, the supernatural, homeopathy or anything else but Mr. Randi’s own illusions. Such demonstration must take place under the following rules and limitations which are in essence identical to those of the Psychic Challenge. Applicants or anyone offering proof must agree, that in believing that the Psychic Challenge is the quintessential acid test for claims of the paranormal, they must also believe that their own claims can withstand reciprocity and be tested by the same rules, conditions, limitations demands of the Psychic Challenge, and that this, The Skeptic Challenge, is the quintessential acid test of atheism.

If you hold the Psychic Challenge out to be a common standard for judging the paranormal, then you must agree then that the conditions are universal, logical and held in common, in the public domain, without copyright, not patentable or proprietary, like the code duello, to be used by anyone and everyone when examining an unusual claim or answering a challenge. It is understood then, that in responding to this, the Skeptic challenge, you believe the terms for the Psychic Challenge, which you are seeking to validate, derive from common logic and are definitive of the best known method’s by which to determine the truth of a claim. Therefore, you must believe that similar rules and limitations must apply in establishing the truth of any claim, including those made by the Psychic Challenge itself,  herein that Mr. Randi has one million dollars to award for evidence of those things he challenges.

Put plainly and simply, I, John Benneth and one thousand dollars say that Mr. Randi does not have one million dollars for proof of claims of the paranormal or anything else but his own illusions.Listen carefully to what I have to say, and if you possess an open, clear and objective mind, by the end of this video you too will agree with me and millions of others that the Psychic Challenge is a hoax.   

Once again, although the award is smaller, and the challenge is made by me, except for slight changes in wording where needed to maintain the relevance of the charge, the rules for the Skeptic Challenge are the same as they are for the Psychic Challenge.

THE RULES: 

Rule Number One: According to Randi this is the first and the most important of the limitations, conditions and rules for establishing a claim. The prospective applicant, hereafter referred to as you, and I must agree, what constitutes proof for the validity of the Psychic Challenge, the limits of the proposed demonstration (so far as time, location and other variables are concerned) and what will constitute both a positive and a negative result.

Rule # 2 I will only accept an actual agreed upon performance of proof. Anecdotal accounts will not be accepted or considered to be potential proof.  Unless they can show qualified and independent disposition of funds, records such as bank statements will not be accepted or even considered.

Rule #3 I will consult competent counsel when expert evaluation of the claim is required. I have no interest in theories or explanations of what constitutes validity for the Psychic Challenge; if you attempt to provide me with that kind of garbage, it will be denied, dismissed and thrown away.

Rule #4 You as a prospective applicant must agree that photographs, recorded, or written,  and material collected as a result of contact with me about the Skeptic Challenge, the application and records of inquiries belong to me and may be used by me for my pleasure unless otherwise agreed upon and stipulated.

Rule #5 After an agreement is reached/ on what constitutes proof, no part of it can be changed in any way without agreement by John Benneth – in writing.

Rule #6 If you are too far away or I don’t have the time, you will be required to reveal your evidence in a location that can be attended by my representative. This preliminary investigation is to determine if you are likely to have the proof needed  to perform as promised, using our agreed protocol. To date, no applicant has passed this preliminary investigation, and this has eliminated the need for a formal investigation. There is no limit on the number of times you may re-apply, but re-application can take place only after a year has passed since the completion of the preliminary investigation.

Rule #7 Your expenses such as transportation, accommodation, materials, assistants, and/or all other costs for any persons or procedures incurred in pursuit of the reward, are the sole responsibility of you the applicant. I will not bear any of the costs.

#8 When entering into this challenge, as far as this may be done by established legal statutes, in applying for the Skeptic Challenge you must surrender any and all rights to legal action against me, and/or against any persons peripherally involved. This applies to injury, accident, physical damage, emotional suffering, financial loss, professional loss, or damage of any kind. However, this rule in no way affects the awarding of the prize, once it is properly won in accord with the agreed upon protocol.

#9 At the formal investigation, in advance, an independent person will be placed in charge of a personal check from John Benneth for one percent of the award, same as in the Psychic Challenge. In this case that would be ten whole dollars.  In the event that the claimant is successful under the agreed-upon terms and conditions, that check shall be immediately surrendered to the claimant, and within ten days, I will pay to the claimant the remainder of the reward, for a total of $1,000. One thousand dollars in cash is held at this time in the form of a personal check made out by me as assurance of the prize funds. Validation of this money and its current status may be obtained by contacting John Benneth through Bandershot on Youtube or this website, johnbenneth.wordpress.com.

A note by me here. I have seen what is claimed to be a bank statement that is offered as proof of the Psychic Challenge. After Randi qualified me as an applicant I called Goldman Sachs, the investment firm touted as holding the account, and I talked to Naomi Shapiro, who Randi claimed was the account manager for the Psychic Challenge. Ms Shapiro could not me tell anything about it, much less validate it. It was soon after that that Mr. Randi complained that Goldman Sachs’s attorney called him and ordered him to stop using their name on his website. Randi’s evidence of proof of the Psychic Challenges is currently NOT on Randi’s website, but on a website that features magic tricks.  The validity he claims is now relegated to a small dark corner of the Internet, on a website entitled “magicandillusion.com.”  So please don’t bother offering a bank statement from Goldman Sachs or an invitation to call Naomi Shapiro as proof. It’s already been checked out and found to be false. The psychic challenge is just an illusion constructed by a failed magician who has a long history of miscalculating his tricks and becoming victimized by them. After spending his early years in a body cast, he has had to be rescued from the outside after being locked in a safe, let out of jail or handcuffs. The Psychic Challenge is not the first time one his illusions has turned on him, having had to be saved from drowning, suffocation, a noose and burning, cut out of a straight jacket & untied from a tree.
#10: Copies of the Skeptic Challenge application are available free of charge to any qualified person who requests it, or it can be downloaded from the Internet, at Bandershot.com or my blog johnbenneth dot wordpress dot com.

# 11: This offer is made by me on the behalf of NO other person or organization. Although others may become involved in the examination of your claim and may add their reward money to the total offered, I, John Benneth will manage the challenge. As in the Psychic Chlalenge I will not entertain any demand that the thousand dollars be deposited in escrow, displayed in cash, or otherwise produced in advance of the test being performed.

I love this next one. This is what Randi requires, so by terms of the Psychic Challenge, it must be the standard of truth. Whereas Randi inistss on an “academic”, since the Skeptic Challenge is in essence a challenge of atheism, I have replaced the witnessing of special powers by an “academic”  with the witnessing of a skeptic’s special powers of validation by a Christian Science practitioner.

Rule #12: This offer is NOT open to just anyone. Before being considered as an applicant, you must satisfy two conditions. First, you must have a “media presence,” which means you have been published, written about, or are known to the media in regard to your claimed abilities or powers to validate the Psychic Challenge. You can established this by producing articles, videos, books, or other published material that specifically addresses your claim. Second, you must produce at least one signed document from a Christian Science practitioner who has witnessed, predicted or divined your power or ability of Psychic Challenge validation.

#13: National origin, gender, age, race, and educational background are not factors for acceptance.

#14: This prize will continue to be offered until it is awarded or until the Psychic Challenge dies. Should the Psychic Challenge still be offered and the Skeptic Challenge remain uncollected at the time of my death , the administration of the prize will pass into other hands, and it is intended that it continue with the full force of my mandate as if I was GOVERNING FROM THE GRAVE. I added that. This next part, rule #15, Randi puts in all caps, so I will too and use fewer words.

Rule #15: YOU MUST AGREE WITH ME WHAT WILL DEMONSTRATE PROOF FOR THE PSYCHIC CHALLENGE.

#16: A notarized form found at Bandershot.com or on my blog at johnbenneth.wordpress.com must be accompanied by a brief, two-paragraph description of your demonstration. Upon a protocol being developed, that description may be extended.  (pause)

Please do not burden me with theories, philosophical observations, jokes, insults, previous examples, anecdotal evidence or other comments. I am only interested in an actual demonstration of proof for the Psychic Challenge. Oh yes.

An additional note here: There will be no special rules, exceptions, conditions, standards, or favors granted to you without my consent in advance. If you refuse to agree to meet the rules as outlined here, you will not be considered here to have ever been an applicant. Complete agreement with these rules will be the ONLY way for you to graduate from “applicant” to “claimant.”By signing, notarizing and submitting the printed form, you signify agreement with all of the above rules. Be advised that you should conduct proper and secure tests of your own to determine whether your abilities or claims are actually valid.This application will be signed by John Benneth and returned to the applicant by mail after a test protocol has been mutually agreed upon, and a test date and location have been determined.
IMPORTANT: Only claims that can be verified by evidence under proper observing conditions will be accepted. Also, John Benneth will NOT accept claims of anonymous donors such as ”Richard Adams, III,” the existence of bank accounts or negotiable bonds in Randi’s name at Goldman Sachs, the validity of Naomi Shapiro, unilateral conditions, Atheism, debunking, ghostbusting, MacArthur Genius awards, causing disbelief in God, peer review, or the gold standard of science as proof that James “the Amazing” Randi has a million dollars for proof  of the paranormal.
John Benneth will also NOT accept evidence that is likely to cause injury of any sort to Randi or anyone else, such as web pages, temper tantrums, withholding of air, food or water, or the use of illicit materials, drugs, or dangerous devices, or evidence that is meant to insult, defame, discredit or intimidate. Write to me with your preliminary evidence at Bandershot on Youtube.com, and if it passes as having potential validity, I will send you a mailing address to which you can send your application form.Once again, the conditions for this, the Skeptic Challenge, mimic and mock the conditions, terms, rules and limitations held forth in the Psychic Challenge. Compare them and you will see that there is no substantial difference.If you once believed the Psychic Challenge to be the gold standard for questioning the paranormal, then the Skeptic Challenge must now be the gold standard for testing Atheism. Are not the words psychic, paranormal and supernatural merely secular terms for Man’s spiritual abilities? Does anyone but an atheist not belive that God is the greatest paranormalist of them all?

All potential applicants to the Skeptic Challenge must have watched the Youtube video. Thank you for watching and good luck.

Copyright John Benneth, 2007

Published in: on July 16, 2007 at 4:35 am Comments (3)

Bush/Cheney Out, Pelosi/Reid In.

Stop the murder. End the killing. Do the right thing. I’m sorry to say it, but Bush and Cheney have to now be impeached and charged with crimes against humanity. Why? Well, because it is the only way the world’s going to trust the U.S. government again. Yeah, I know, it’s a drag and would be traumatic and embarassing for everyone involved, but this is the only way I know to suggest so as the world knows that Americans are serious about doing the right thing again.

George and Dick wouldn’t really mind. Deep down inside they want to do the right thing too. And right now, by simply going along with the program, this is the best contribution they can make. And if they don’t fight it, why shouldn’t we be forgiving? Let the healing start at the top, from the inside out, from the highest command and most important offices to the lowest and the least, from the last occurence of crime to the first. Everything gets settled and the meek get their birthright.

Makes a lot of sense and carries with it the wisdom of the ages.

And speaking of again, how about if Americans start acting like human beings . . . again? Good idea. Remember what that was like? Remember when Americans were the good guys? Remember how good it felt? Everybody loving everybody else?

The Benneth plan is then, after Geroge and Dick are safely behind bars, under the leadership of President Nancy Pelosi and Vice President Harry Reid, for the U.S. to pull back over the horizon, turn the stinking mess over to the U.N. and start paying reparations and making friends again with world.

So mote it be. What else really is there to do?

How about a real energy policy with hydrogen hi-ways, bio-fuels, solar, wind and geo power? How about a public works program, a return to the Moon, a trip to Mars? How about a national health plan? How about working on ways so as Americans can feel safe in their homes and communities again? How about better education? How about finding safe and productive ways to empty the prisons of non-violent offenders? How about rebuilding the economy and the middle class?

See? Look at all the challenging, fun and productive things there are for Americans to do within their lifetimes, much more worthwhile than killing and maiming people and blowing things up on the other side of the Earth.

Americans, come together and say it together: “Let’s leave a legacy. Give peace a chance. Let’s show the world that we can recognize a mistake and correct it quickly. Let’s show them we’re still the greatest country on Earth . . . or at least within the top ten or twenty.”

 Okay? Really, all it takes on your part as an American is a simple change of mind if you’re in disagreement, having the courage to admit you were duped. You were doing the best you could with the information you had. Nobody can blame you in the end. You were scared. But now you know the truth, and now you can do the right thing, by letting these words sharpen your focus  or just by changing your mind.

Hey, maybe if we stop being so materialistic, blaming, hurting and killing each other,  and learn to share, we can all come out winners . . . again!

God bless you all,

your friend, your best friend, your only friend, 

John Benneth

PS: Don’t send money, just send love!

Published in: on December 10, 2006 at 7:27 am Leave a Comment

THE CURSE OF HAMMURABI

THE CURSE OF HAMMURABI 

Hammuraabi 

The Hanging of Saddam Hussein

and

Anglo-American Influence on the Rule of Law in Iraq

by John Benneth

The following 3800 year old inscription, called The Code of Hammurabi was found on a stone monument Portrait of Saddam Hussein originally from Iraq. I’ve edited it for comprehension and brevity. In addition to a preface, epilogue and the following warning, or curse, it lists over 200 laws, which it is claims covers every conceivable conflict between the Iraqi people of its day, and for generations to follow.  The Code of Hammurabi is one of the oldest  (if not the oldest) and most complete records of law known in the world today. 

Hammurabi, the protecting king of Iraq am I. 

The great gods have called me in order to declare justice in the land, to settle all disputes, and heal all injuries, set up these my precious words, written upon my memorial stone, before the image of me, as king of righteousness.

Let the oppressed, read the inscription. The inscription will explain his case to him; he will find out what is just:

When he reads the record, let him pray with full heart to Marduk, my lord, and Zarpanit, my lady; him shall be put to death.  The Code of Hammurabi 

The Daily Show

The Daily Show with Jon Stewart ran jokes about Saddam’s death sentence.  A Daily Show “reporter” did a fake “LIVE FROM BAGHDAD” segment under the headline “Autocratic Asphyxiation.” The reporter said the death sentence was part of a plea bargain because “hanging in Iraq still constitutes death by natural causes”. Jon Stewart

Laughing, Stewart asked, “So when can we expect this hanging?” 

“In the spring, Jon, and if you’ve never seen a spring hanging, with the noose silhouetted against the honeysuckle . . .”

Nigel Farndale of the telegraph.co.uk. reacted to the Daily Show “humor” by writing:

“I dare say Americans have stronger stomachs for this sort of thing. They are comfortable with the concept of capital punishment, as they demonstrate every year with the execution of more than 100 of their citizens. But I couldn’t watch any more. I felt sick. The gags made me gag. Judicial murder degrades and dehumanises all concerned: judge, jury and executioner. Making jokes about someone who is to be executed, even if that someone is a genocidal tyrant, does the same.” http://www.telegraph.co.uk/opinion/main.jhtml?xml=/opinion/2006/11/12/do1205.xml&sSheet=/opinion/2006/11/12/ixopinion.html

TURNED OFF 

According to Wikipedia, the short drop is a form of execution used in most Middle Eastern countries that causes death by aphyxiation.  You do  it  by putting the condemned man on the back of a horse or a cart with the noose around his neck. The horse is then spanked away, the doomed is yanked from his perch and dangled by the neck until dead.  Another way is to execute the short drop is to use a step ladder which is pulled away, leaving the victim hanging. A man hanged by a step ladder is said to have been “turned off.” 

MARK TWAIN’s HANGING

The long drop is the preferred method in America calculated to kill the victim with a drop that is just long enough to break his neck without completely decapitating him.

Mark Twain“My own suspense was almost unbearable — my blood was leaping through my veins, and my thoughts were crowding and trampling upon each other. Twenty moments to live — fifteen to live — ten to live — five — three — heaven and earth, how the time galloped! — and yet that man stood there unmoved though he knew that the sheriff was reaching deliberately for the drop while the black cap descended over his quiet face! — then down through the hole in the scaffold the strap-bound figure shot like a dart! — a dreadful shiver started at the shoulders, violently convulsed the whole body all the way down, and died away with a tense drawing of the toes downward, like a doubled fist — and all was over! I saw it all. I took exact note of every detail, even to Melanie’s considerately helping to fix the leather strap that bound his legs together and his quiet removal of his slippers — and I never wish to see it again. I can see that stiff, straight corpse hanging there yet, with its black pillow-cased head turned rigidly to one side, and the purple streaks creeping through the hands and driving the fleshy hue of life before them. Ugh!” Mark Twain report to the Chicago Republican on the hanging of John Millian, the convicted murderer of Julia Bullette. http://dmla.clan.lib.nv.us/docs/nsla/archives/mtwain.htm

A SLOW AND AGONIZING DEATH  

The face becomes engorged, turns blue through lack of oxygen and shows the classic signs of strangulation, little red dots on the face and in the eyes from burst blood vessels. The tongue sticks out, evidence of a  slow and agonising death by strangulation.  More at http://en.wikipedia.org/wiki/Hanging

American Justice, Iraqi Style

Just what is meant by the word law, and how is it applied comparitively in these two societies? Can American law provide for Iraqi justice? The word “law” comes from the Anglo  Old Norse plural of lay, meaning those things laid down and settled. Follow along and this gets interesting. There is a nexus in this word lay in the English use of it. In the context of laity lay means “someone not of the clergy or professions,” traced back to the Greek “laos;” laos means the people, referred to as the “laity”; a layman is a common man, and in the oldest traditions  of the law, the law man was the lay man.

Law #2:    If any one bring an accusation against a man, and the accused go to the river and leap into the river, if he sink in the river his accuser shall take possession of his house. But if the river prove that the accused is not guilty, and he escape unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser.  The Code of Hammurabi

It is my underlying thesis here that the American legal system is one of America’s inherent strength. Not only does she have a large legal class trained in the finer points of law, but more importantly, her trump card is that she employs her laity, the common man as the bulwark of the law.  Her professional class of lawyers is overseen by councils of grand and petit juries, constituted by her ordinary non professional citizens, drawn randomly from her communities. Her common class provides a check and balance for her professional class. 

This is not entirely unusual on the planet, but the American grand and petit Juries appear to be unique in the world today.

Law #3: If any one bring an accusation of any crime before the elders, and does not prove what he has charged, he shall, if it be a capital offense charged, be put to death. The Code of Hammurabi

It may be just coincidence that the one country that makes most use of her laity as jurists in deliberating in actions in law has been regarded as the wealthiest, its high crime rate notwithstanding.

The lay jury system essentially throws into the system a roll of the dice.  There’s no control by the legal class of who sits on the indictment jury, and control of who sits on the petit juries is restrained.

The tradition of the laity being the law, as is exemplified in democracy and Western juries is at times in conflict with the carnival atmosphere of show trials attendant to professional lawyers and judges. Do commercial pressures on the law affect our judgment of it?

Consider how powerful the secret grand Jury is in American society. A Federal grand Jury can indict anyone or anything, from  the President of the United States down to . . . it has been said jokingly . . .  a ham sandwich.  The grand Jury arguably has more power than any other collective body in American government, and yet it remains a collection of anonymous laymen, selected at random, who are paid nothing but a minimum of their expenses, dragooned by duty to temporarily sit as secret, and hopefully impartial judges, assembled to decide whether or not to formerly accuse, or indict, those suspected of crimes.

Traditionally, if the grand Jury indicts, it issues what is called a “true bill” and remands the accused for trial by a petit jury.

Sortition is a lottery, where the choices are made by chance. In this way the jury differs from a government of democratic election, as a government of Anglo Saxon sortition. Greco-American democracy and the Anglo-American jury system theoretically synchronize to work side by side in American society.

“Juries invest each citizen with a sort of magisterial office; they make all . . . feel that they have duties toward society and that they take a share in its government.” Alexis de Tocqueville, Democracy in America

 The Anglo-American war to make Iraq democratic raises the question of what kind of legal system American lawmakers are settling for in Iraq. If it is incumbent on American foreign policy to impose a political system on a country, then the question of what kind of legal system that country is supposed to have automatically goes with it. Is American style democracy compatible with the Iraqi legal system? If not, will America face the task of changing the Iraqi legal system? Is civil war breaking out in Iraq because the Iraqi legal system cannot temper the will of the masses evoked by democracy?

If there is an incompatibility between the political and legal systems of Iraq, could it be because the ideologues of American law and politics have not identified it as a problem yet?

O.J. GOLFS, SADDAM HANGS

When Americans fing themselves in a position of having to deploy their political system in a foreign country that they have invaded, they also find themselves in the position of having to deploy a compatible legal system to go with it.  It naturally follows then that Americans must believe that their legal and political systems are profoundly good and wise. It must also be understood, that a political system cannot operate without a compatible legal system.

The trial of O.J. Simpson shook American confidence in the jury’s ability to render competent verdicts.  In India the jury system, have given up the use of juries over cases where the popular opinion was that the accused should have been found guilty. 

Law #4:  If he satisfy the elders to impose a fine of grain or money, he shall receive the fine that the action produces.  The Code of Hammurabi

Once the Prime Directive of noninterference has been violated, it is even more irresponsible to simply walk away from it without leaving an operational system that keeps crime and mayhem at a minimum.  Can Americans claim that their politico-legal system keeps crime and mayhem at a minimum? Or would America be exporting her own chaos in imparting her political and legal systems to Iraq?

Twice, Iraq may not have a trained legal class to sustain an adversarial legal system. However, the beauty of the American legal system is its willingness to draw its judges from the common population to create, in effect, a common law judicature that is not necessarily dependent on a trained legal class. The grand jury does not employ the adversarial process.

Rather, it employs the inquistitorial where proceedings are secret and the accused is questioned directrly by the jury which also acts as the final judge, for indictment.  The grand Jury can operate with no professional judge or attorney, and theoretically, if it could not only indict, why couldn’t it also try, abjure, find innocent or convict?  Where there is no petit jury to remand to, where there is no adversarial process, the grand Jury form of proceedings could also act as the final arbiter.

Can a common law judicature be created in Iraq? This is a profound question.  

LAW #5:    If a judge try a case, reach a decision, and present his judgment in writing; if later error shall appear in his decision, and it be through his own fault, then he shall pay twelve times the fine set by him in the case, and he shall be publicly removed from the judge’s bench, and never again shall he sit there to render judgement.  The Code of Hammurabi

We want them to have peace and prosperity, just as we wish it for ourselves. American democracy, with its will of the majority and all its election pageantry, tempered by the law as uttered out of the mouths of faceless American juries, are contrasted here in this article with the capture of a foreign leader, Saddam Hussein, by American forces. Hussein is put on trial in his own country under American martial rule.

What form of law is used to judge Hussein? And will it stick? How will it be judged historically by the Iraqi and American people, and the rest of the world? What kind of justice is being wrought here? What stage does it set for future justice in America, with her death sentences, prisons and crimes?  Can American justice work in foreign lands? Does it work in her own?

Contrast American justice with other systems of law-finding in other countries, such as Japan, India and in Arabic and European countries, where sometimes professional judges alone decide the outcome of cases.

I DARE SAY . . .  

Was Saddam Hussein indicted for murder or any other crime by a jury of his peers?I don’t think so.  The references I’ve found so far to an “Iraqi jury” appear to be mainly mere assumptions on the part of uninformed American pundits and bloggers (what is the difference?)  In truth, apparently, Iraqi juries don’t exist.

From a Google News Search, 11/11/06: “Your search – ‘Iraqi juries’ OR ‘Iraq juries’  – did not match any documents.” 

Jurist, at http://jurist.law.pitt.edu , a Web based legal research service run by the University of Pittsburgh School of Law reports:   “The Iraqi judiciary is not independent, and there is no check on the President’s power to override any court decision. In 1999 the UN Special Rapporteur on

Iraq and international human rights groups observed that the repressive nature of the political and legal systems precludes the rule of law.  . . .  Trials in the regular courts are public, and defendants are entitled to counsel, at government expense in the case of indigents. Defense lawyers have the right to review the charges and evidence brought against their clients. . . .  There is no jury system; panels of three judges try cases.”  http://jurist.law.pitt.edu/world/iraq.htm 

The emphasis is mine.  I haven’t seen anything otherwise to indicate that the trial of Saddam Hussein was tried in any way different than the way described by Jurist. 

  • THERE IS NO JURY SYSTEM IN IRAQ
  • THE IRAQI JUDICIARY IS NOT INDEPENDENT. 
  • THERE IS NO CHECK ON THE PRESIDENT’S POWER TO OVERRIDE ANY COURT DECISION

The judiciary in the Iraqi constitution contains no reference to a jury in its judiciary section. http://en.wikipedia.org/wiki/Proposed_Iraqi_constitution  

Iraq apparently has no ”jury” other than what has been stated; panels of three judges try cases. From the land of Hammurabi, that is their traditional law.  

NOT FOR THE SUPERSTITIOUS 

Iraq may well be the birthplace of the oldest written laws on the planet, known as The Code of Hammurabi,   282 statutes full of death sentences, immolations and impalings, governing the disposition of slaves, wives, children, incest, adultery and presumably just about any kind of dispute, including judicial error. 

 Law #21: If any one break a hole into a house (break in to steal), he shall be put to death before that hole and be buried.  

One can read in Hammurabi, that the Iraqi people have traditionally, depended upon a demagogue for leadership since the beginning of recorded time. Here is Hammurabi, speaking of himself and what he hasdone for his people, who he speaks of in terms of ownership:

 I have not withdrawn myself from the men, whom Bel gave to me, the rule over whom Marduk gave to me, I was not negligent, but I made them a peaceful abiding-place. I expounded all great difficulties, I made the light shine upon them. With the mighty weapons which Zamama and Ishtar entrusted to me,