Author: plinyblogcom

It is frustrating to attempt to gauge the extent of the virtue of human empathy in a Nation, entirely populated by immigrants and their progeny, but, nevertheless, one in which the acceptability of new applicants for citizenship from outside the borders of the United States, eternally, continues to be a hotly contested issue.

One can contrast, the Obama administration’s humane extension of safe asylum to refugee families, in flight from danger, as well as the acceptance of those immigrants, essentially, seeking a better life, with the xenophobic and prohibitive inclination of the Trump Administration, which described, albeit, sight unseen, caravans of refugees as criminals and prostitutes, and promised his bigoted, un-American, followers the Medieval, tactic of a great walled, prohibitive, barrier across the southern border.

 Historically, this American Nation, (to repeat, that is  entirely, populated by immigrants and their descendants) had, for many years, totally banned the immigration of Chinese and other Asian immigrants. In 1939 the ship, “St. Louis,” carrying more than nine-hundred Jews, fleeing for their very lives from Nazi Germany, was, summarily, turned back, by President Franklin D. Roosevelt, to predictably be murdered, due to the then perceived American public sentiment concerning  Jews.

In the empathically, passionate words of the brilliant poet, Emma Lazarus (an advocate for Russian Jews, fleeing the Russian Czar) which are inscribed on our welcoming,  Statue of Liberty “…Give me your poor, your huddled masses, yearning to be free…Send them here, the tempest [tossed]  to me…”

Racism and xenophobia (and, in our view, ignorant, selfishness) on the part of many Americans underlay their opposition to a policy of liberality, for those, also wishing to avail themselves of the desirable freedom and opportunities enjoyed by Americans in the United States. Some opponents of liberal immigration, tactically, disguise their feelings of bigotry behind the faux assertion that liberal immigration would result in the loss of jobs. Yet, reportedly, employers state that the substantial shortage of workers is preventing them from filling millions of jobs, and, further, that such shortfall is a key factor in our inflation.

Immigrant detainees are held for months, even years, in detention centers while being processed. Human Rights Watch reports that such detainees are held in prisons and jails and are subjected to inhumane living conditions, including inadequate and poor nourishment, lack of adequate clothing and in an overcrowded, environment. Correction officers often lack the language skills necessary to meet the specific needs of the immigrant detainees. This contributes, as reported, to a range of health issues, including, depression, anxiety and post-traumatic stress disorder. Notably, it has been reported to, empirically, impose collateral harm well beyond the detainees, themselves.

As previously undertaken, we would propose an empathic, less “penal” and more humanistic, way to manage the affairs of the migrant, during his prolonged waiting period, pending the finalization of the process of immigration. Immigrants, clearly, are not convicted criminals and should not be obliged to “serve time” in a penal lock-up, or its somber equivalent, pending their processing.

We would earnestly and empathically, propose the furnishing (building?) of basic, but utilitarian, living spaces for the immigrant, and, as relevant, his family, pending the completion and determination of his application for entrance to the United States.

Individual residences in the form of apartment buildings or, perhaps, cottages, might be constructed, by the Federal or State government, conceivably, with assistance by instructed immigrants, consisting of modest, but healthy and acceptably comfortable, living spaces with the usual amenities. These temporary, but livable, residential areas could also beneficially, accommodate, government offices for processing, clinics, schoolrooms (English language, American folkways and traditions, etc.) living and children’s play centers. If successful these venues might be used for other purposes, viz. trade schools, library, and infirmaries.

Our prosperous Nation has a surfeit of available living space for immigrant families who wish to follow in the footsteps of its forebears, to whom we all owe our American heritage and life. A similar opportunity, in fairness and human morality, ought to be available to other human beings; moreover, who do not, reasonably, deserve to be treated as undesirable miscreants.

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We are obliged to agree with the media commentators, that the current situation relative to the various criminal indictments against Donald J. Trump, in his capacity as past President of the United States, is historically, unique and unprecedented. However, we would observe that the prosecutorial situation is yet more unique; in fact, singularly, unique, in the entire historic universe of criminal trials. After a relatively brief note on the Rules of Evidence, applicable to the conduct of trials, more specifically, those, importantly, relative to the introduction of testimony and the admission of evidence, we will elucidate our, apparently, extreme declaration.

The vast, referential and ultimate guide to the issues of legal admissibility of evidence and testimony, is embraced within a body of adjective law called, “The (Federal or State, as applicable) Rules of Evidence.” The purpose of these mandatory laws is that of ensuring a fair and objectively, accurate trial; one not tainted with subjective assumptions, hearsay, or prejudicial testimony or inapplicable, but prejudicial, proffers of evidence. The legal discipline of “Evidence Law,” is all-encompassing, determinative, and by virtue of its plethora of general but, mandatory, strictures is often the subject of forensic debate. An attorney in a civil or criminal case, responsibly, needs to materially, consider the issue of the availability, admissibility and determinative weight of the potentially intended evidence in each specific case.

The numerous “Hearsay Rules,” “Expert or Opinion Evidence,” “The Dead Man’s Statute,” “Admissions, Against Interest,” ”Legal Standing,” “Documentary Proofs and the Best Evidence Rule,” “Law of the Case, and Precedential Determination,” Official Documents and Authenticity,” “Interested Witness Rules,” “Expert Testimony,” “Direct, Cross and Expert Testimony,” “ Testimony or Proffers of Evidence,” “Official Notice, Documentary and Judicial Notice,” and others, legislated and applied are purposed to ensure a fair trial and avoid prejudice to the accused or the litigating parties. Their application is material and, to such extent, often can be subjects of contention at trial. The contested issues involved in a Judge’s denial, or admission, of testimonial or physical evidence, often is the subject of appeal. The latter observation is notably, applicable in criminal cases, such as where guilt has been determined largely dependent upon the admission of a particular item of evidence or on certain material testimony.

In an earlier portion of this essay, we declared that the pending indictments and trials, regarding Donald J. Trump are unique; to the degree, we asserted, more singular than the unprecedented, historical experience of the criminal indictment of a past President. We have conceded the (inarguable) fact that no past President of the United States has been the subject of a criminal indictment and trial, however, we would observe that, remarkably, Trump’s crimes have been witnessed on public television and have thus been, incontrovertibly, proven to a jury of the American television public. The Statutes, designed to protect the possible innocence of the accused, relative to Trump’s several indictments, have incontrovertibly, been rendered, considerably, irrelevant and factually, unnecessary.

We would refer to the pending criminal charges (cases) against Trump: the purloining, and deceitful withholding of secret government documents, the illegal direction to the Secretary of State of Georgia, to alter the official voting results, the conception, incitement and support of an insurrection against the American Government and interference with the American election. What is singular (and we maintain most unique) is the bizarre fact that every one of his indicted offenses, as charged, indeed, have been witnessed by the vast, American, television public.

The grave Federal charges regarding documentary espionage, have all been attested to and witnessed, by Trump’s multiple admissions by his televised (preposterous) defensive assertion, that a President has the right, to take away government (CIA and Defense Department) secret documents, his publicized refusal to return them, and by the televised photos of the many cartons of the highly sensitive documents stored by him at accessible places at his public hotel resort at Mar-a- Largo, viz., bathroom, cloakroom, etc.

The charges, as indicted, concerning Trump’s initiation, incitement and encouragement of the violent insurrection against the Nation, were all witnessed and heard on public television, in all of its nefarious stages, as was the violent and bloody Bastille-like attack on Washington itself.

The shameless, criminal words of Trump’s deceitful telephone request, made to the Georgia Secretary of State, to alter the vote results, were viewed and heard on National television as were many other of his like undemocratic and fraudulent felonies.

The Federal and State Rules of Evidence, regarding criminal charges, were legislated, among other appropriate reasons, to avoid the erroneous and unjust conviction of the innocent, for crimes they, in fact, did not commit. Under the specific circumstances, relevant to Donald J. Trump as an accused criminal defendant, we are, somewhat, curious concerning their essential relevance and applicability.

*Our thanks, to Ms. Agatha Christie for the essay title.

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The forsythia is predictably, the first to flower and shed petals, then come the daffodils and tulips, next to steal the limelight (actually, sunlight) are our large, long stem, dark red peonies; now, add a light breeze, an adjure sky, mild sun, and the observer would be, empirically warranted, in his declaration of the advent of summer, in Kingston, New York…. At least, up to now.

Notably, the forsythia, daffodils and tulips, even the dramatic long-stem peonies, have unerringly and faithfully, fully discharged their perennial, fiduciary responsibilities. But this year, Summer has provided a number of surprise features, giving evidence to singular and unusual foreboding.

Most visually, dramatic and candidly, frightening, was the dystopic occurrence of an early, summer, sky bizarrely, orange-colored, like a Disney animation, and accommodating an acrid, smoky smell like a distant fire. The public was apprised that the sickening, orange-colored pollution was caused by several unprecedentedly, immense forest fires, up North, in Canada, also burning in our Nation’s northwest, diagnostically, attributable to Global Warming. There was an accompanying, unnatural odor and, widespread particulate distribution, airborne and on the ground. The bizarre, orange color, as advised, was, caused by the occurrence of an enormous, Canadian conflagration; but, somewhere in the most atavistic and primitive portion of our brain, symbolically, the vision of another, unrelated, but existential, danger was intuited.

The bizarre and dystopic, coloration of the sky and consequent pollution, summoned up alarming thoughts of the persona of the orange-gray, outrageous hairdo of Donald J. Trump, America’s twice-impeached, past President, whose, dystopic, single term of office, and continuing errant, behavior has markedly despoiled and polluted our Nation’s democratic dedication and traditional promise.

This orange (pollution color) haired, twice impeached, neurotically, egoistic, Chief of State, has personally, and as unmistakably, demonstrated on the media,  proven his incompetence, lack of moral compass, serial mendacity and by his demonstrated disloyalty to the American Nation, demonstrated his lack of respect for the unique, democratic way of life as insured by our Constitution.

This hazmat-colored, former President of the United States has by his own egotistical admission and by public demonstration, shamelessly committed criminal, acts ranging from treason against the United States and inciting a violent insurrection against the Nation to his fraudulent conspiracies to, sub-rosa, bribe prostitutes with which he has conducted brisk commerce. Historically unprecedented indictments for multiple crimes have been issued by prosecutors, Federal and State, against this errant former President of the United States; for the felonies of sedition and treasonous behavior, inciting and promoting an insurrection against the American government, multiple counts of election interference, tax and financial fraud, perjury, and most remarkably, espionage.

The initial prosecution to soon commence is that of espionage, amounting to, among other things, the intentional purloining and withholding of top secret (CIA and Defense Department) government documents and reports, and, refusal to comply with official demands for their return. The secret documents, illegally packed in boxes and removed to Trump’s Florida public resort to be carelessly and dangerously, stashed in hotel locations such as the bathroom and other publically accessible areas, in the popularly attended hotel.  This prosecution, in which Trump has thus been arraigned, concerns crimes that endanger U.S. security and the lives of the secret agents procured for the dangerous obtaining of such vitally, secret information. Such highly sensitive, previously, well- guarded, secrets, it is feared, may have been shared with others hostile to our Nation, such as Russia, which has been proven helpful in getting Trump elected, and with whose autocratic leader, Putin, Trump has had an ongoing and publicized “bromance.” Said acts of Presidential espionage is presently, the subject of a 31 Count, 43 page, criminal, indictment.   His other Federal and State indictments will, of necessity, await their respective turns.

The ominous, orange sky in short order, has abated, doubtlessly, in contrast to our National shame.

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After many years of alternating our time between our domicile on the upper west side of Manhattan, and our country home (currently, Kingston, N.Y.), we have come to realize, a subtle, but, discernable, difference in personal mindset, and general perception associated with each, respective residence.

The many, diverse benefits of living in a large metropolis like New York City, include convenient access to places of diversion like, movies, theater, museums, parks, and as well, to shopping for food or clothing. Socialization with friends and family is facilely accommodated as are services when needed. There is a popular, universal sense of shared residential concern regarding, weather, traffic, cost of services, travel and other matters such as pollution, city cleanliness and crime. Big cities seem to be residentially appropriate for the greater amounts of human population.  An individual’s life, however, conceivably, can be lonely in the large “beehive” Metropolis, but such condition would likely to be due to a nuanced feeling of anonymity, or inconsequence. We, fortunately, are quite comfortable, being part of the city society.

In addition to our adjustment to the lifestyle of big city dwellers, we have always had an abiding love for the countryside and accordingly, enjoy our frequent residence at our country home. The latter is adjacent to and part of a verdant, forested area, abounding in birds, deer, bears and little woodland critters. In contrast to the concrete and brick Metropolitan bee hive, our country home is surrounded by forest, flora and majestic rock outcrops.

Kingston, N.Y. can permissibly, be described as “small town,” in population. However, it is blessed with a natural, unspoiled, seemingly unlimited, woodland beauty and natural forest environment. We have learned that (for us), it is possible to, simultaneously, be satisfied, and accommodated, big city dwellers and, as well, ardent lovers of the rural environment, its fauna and flora.

Our present writing, however, comprises an attempt at explanation of our personally, nuanced perception and responses, to events, as they occur, which seems to be dependent upon our residential venue at the time (i.e., city or country). It, does, at times, however, seem that as humankind, our suitable and appropriate residence is with the many others of our evolved species, residing in the city, and that we occupy the status of mere “squatters” on country land; which, for eternity, has been the natural property and exclusive abode of the local fauna and flora. This personal sense of propriety may be confirmed by the demonstration of humankind’s numerical predilection, generally, for city dwelling. In short, it is our view that mankind’s natural inclination to live in society with a sufficient population of others renders him an unnatural dweller of the forest or prairie. It is this learned mindset, we feel, that causes us to vary our reactions to stimuli, relative to our city apartment dwelling or our country home.

Last week, in Kingston, while in the process of procuring an item from our bedroom, we were shocked and surprised to see, through the glass door, a very large, dangerous and beautiful, black bear, climb over the banister of our rear wooden deck. The unusually large beast (for a black bear), seemingly, with a sense of entitlement, entered the raised deck and violently, swiped down and broke our bird feeders and trashed two attractive planters.

Notwithstanding our fearful witness of this despoliation, it surprised us to note, that our sole reaction to such aggressive acts of trespass and damage, was, solely, that of fear of the dangerous bear. For a few moments, we were puzzled as to our complete lack of angry response to the aggressive and unprovoked damage perpetrated by the big brute. We then, suddenly, recalled the lessons of the tragic saga of our pear trees, which occurred several years ago at our then, country home, in Kent, Connecticut (the subject of a prior essay) and, thereby, reestablished and confirmed our calm and accepting reaction.

 The historic facts, were as follows:  After more than a decade of disappointment, our two pear trees, mercifully, flowered and, at long last, rewarded our years of impatient and frustrated waiting, by, at last, bearing fruit. We purchased long-handled fruit-picking devices from the garden outlet, on our way from the City to our Kent country residence, only on arrival, to our shock and tragic dismay, to discover that beavers from the adjacent pond, (since the previous weekend when celebrated the eternally, awaited appearance, of the green fruit and excitedly decided upon its beneficiaries), had completely, chewed down the trees.

Somehow, at that moment, an epiphany occurred such that, after our initial spontaneous expression of shock and disappointment, a calm period ensued, overruling our previous response and in which we arrived at a rational understanding of what, in essence, was, in fact,  a natural event, thus, overruling our thoughtless anger and disappointment. The remembered, corrective insight, relative to our pears, was, in fact, identical to our developing, understanding and calm perception of what might, otherwise, unjustly, be perceived as an “outrageous, trespass” by the huge, black, Kingston bear.

Like the beavers who, appropriately, reside in the woodland pond, the black bear, exclusively and naturally, lives his life and makes his home, in the forest. In the forest’s natural environment, all humankind is, merely, visitors, or conceivably, interlopers. The perception that the denizens of Nature are our friendly neighbors, is foolish and useful, only in children’s literature or the doggerel, regularly, found in Hallmark, greeting cards. Analogously, and in fairness, the black bear or his beaver cousins would, no doubt, find it uncomfortable at Yankee Stadium.

The humanoid, formalized, legal ceremony, referred to, as the “real estate closing,” the ritualized dance, which recognizably, affords exclusive ownership of an identified, parcel of real estate to a specified purchaser, together, with its paperwork, lawyers, professional surveys, notarized documents, deeds, and mortgages, seems to be of scant interest to black bears and beavers. Certainly, we would think, not to snow geese who, at will, inhabit the entire planet.

-p.

Humankind’s useful capacity for reason and its acquired respect for empirical knowledge, are the cornerstones of his remarkable development and sustainability. This creature, gifted by evolution with a sensibility, given agency by an advanced brain, has effected intellectual and mechanical advances from crude stone tools to micro-chip and echo-robotics.  As he has progressed, over the eons, intellectually and technically, Man has, experientially, confirmed the existential value of learning and advancement by means of enlightened reason as opposed to atavistic, and irrational tribal myth. The Sun God turned out to be a secular, planetary, source of heat and light, lightning and thunder, the meteorological response to the combined presence of certain atmospheric stimuli, and not an angry God, and fire, an existential, controllable and creative tool in the capable hands of Homo sapiens.

Notwithstanding its ever-developing enlightenment and continuing successes in empirical knowledge and consequent material advances, humankind, in general, seems to persist in its non-rational, ancient belief in the obligation to render homage to a higher being or, Deity and generally, adhere to his traditional folkloric practices, inclusive of the instilled religious system and dogma.

Biblical myths include such accounts as the tale of Adam and Eve, the serpent and the “Tree of Knowledge,” Moses, parting the seas with his wooden staff, Jonah and the Whale, the trope that the (omnipotent) God made the World in 6 days (presently estimated at more than four billion years), was tired, (contrary to the Biblical, warranty of his omnipotence) and “rested,” conveniently, on the 7th day (Sabbath Sunday)  as well as the recounting of the “immaculate conception,” as underlying and motivating the later religious stories of Christmas and Easter.

Following the unpredictable and bizarre election of Donald Trump to the American Presidency, a perceivable, general decline in the implicit virtues of factual truth and objective empiricism, was discernable.  Trump sought to please his populist supporters by declaring an all-out war on factual truth, in favor of the more convenient and subjective, “alternate facts,” and derided educational and societal enlightenment.  There, unfortunately, developed a discernable, wide-spread populist distaste for truth, in favor of tactically useful, paranoid ideation, viz., “conspiracy theories.”

The most, democratically, injurious of Trump’s false conspiracy theories, termed “The Big Lie,” aping the orthodox falsity of the Fascists, was his assertion (without a scintilla of proof) that the election was “stolen” from him. His cultish acolytes were only too happy to sign in to Trump’s alleged bugbear, consisting of a false ideation of conspiracy by the “deep government,” to deprive him of “his win.” Trump followers, thereupon, entered into a program to perpetrate the most outrageous and false, conspiracy claims, second only in National impact to his “Big Lie” (“stolen” election).

Typical of the most outrageous of the false paranoid ideations perpetrated by the deluded, Trump cultists, was that the “liberal elites,” were child abusers and traffickers, that George Soros was financing Black Lives Matter riots, that Jews are plotting to control the world, that Israel is shooting rockets down to Earth from outer space, that there exists a sub-rosa Socialist-Communist (?) plot to take over America, that, homosexuality can be taught and young children are being “groomed” to be gay, that Covid was a liberal conspiracy, that 9/11 was a CIA false flag operation, and on and on, ad infinitum, ad nauseam.

It is an eerie fact that so many, ostensibly, rational citizens, unexplainably, seem to be believers in such paranoid ideation. Our thematic question notably, concerns the possible bizarre potential of the human brain to actually, “believe” such exercises in irrationality? Can there be some primitive area of the human brain that, given the appropriate motivation or atavistic stimulus, is capable of enabling such exotic stimuli to devolve into actual belief?

Of contextual interest and salient importance, is the related, secular query: does this identical feature or, flaw, in the human brain, analogously, explain the widespread, human agency for (irrational) belief in religious miracles? To be clear, we do not attribute tactical or purposeful motivation to those of religious belief, we merely pose the question, as to the extent of propensity of the human brain to replace, empirical truth and enlightened experience, with, non-rational, cultural tradition.                                                                                                                        
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Recently, we overheard some pointed remarks, disputing the popular attribution of idealistic motivation for justice and equality, granted to our legendary, “radical” Founders. The ardent speaker, presumably, a mainstream American, supporter of humanism and the plain morality of civil rights, was harshly critical of the stated principles of democracy and equality, espoused by such men, some of whom owned slaves and whose vital grant of protected, Constitutional rights, were applicable solely to white, male landowners. This was not the first time we had experienced this specific, critique, and we would take this opportunity, to seek the critic’s understanding and, perhaps, his amended perception.

In anticipation of the expression of the intended theme of this essay, we would initially, state, that while we are in full agreement with the apparent, foundational sentiments of the overheard speaker, we cannot endorse his unsophisticated and anachronistic understanding of American Constitutional history.

Comprehending the context of their era, it is undeniable that the Founders were idealistic, indeed, radical reformers. Cognizant of the injustices traditionally, roiling Europe, they were keen to create a new political and social Republic, free of an absolutist Sovereign, or an autocratic Church, and, notably, free of the unjust institution of “Privileged Birth.” It is the latter conceit that motivated their discernable emphasis on “Equality.” The concept of equality of birth status, at their time in history, was radical, and its Constitutional implementation was a humanitarian advance of incalculable measure, as known to any reader of European history or classic literature.

The creation of a Nation, for and by the “People,” was veritable, “Science Fiction,” in an age (and long past history) when a Sovereign or the Pope was the autocratic head of State, and when Royal designates were the temporal overlords, often prescribing a life of misery and privation for the commoner. The Founders also, empathically, provided for the prohibition of “cruel and unusual” punishment.

The novel and thoughtful, designation of a tri-partite form of government, Executive, Legislative and Judicial, in conjunction with the innovative concepts of, “Separation of Powers,” and “Checks and Balances,” purposed to prevent the unwise, concentration of governmental power, was a new and radical innovation of the Founders and an enduring assurance against despotic rule.

In the years following the adoption of the U.S. Constitution, several Amendments, by necessity, were added, granting rights, in addition to the first ten, (“Bill of Rights”) included at the time of the adoption. In fact, subsequent to the date of the Constitution’s adoption, it appears that a full thirty-three Amendments were necessarily, adopted, inclusive of, the “Thirteenth,” prohibiting slavery, the “Fourteenth,” incorporating and declaring all of the rights, granted by the federal government to American citizens, were applicable to the State, the “Fifteenth,” regarding protection of the right to vote, regardless of race or previous condition of servitude, the “Nineteenth,” Women’s right to vote and the “Twenty-Sixth,” lowering the voting age to eighteen. Notably, the original draft of the Constitution has been in the temporal stage of Amendment, since its initial adoption as was deemed needed.

It is commonly known, that there are individuals who, atavistic manner, seem, eternally, to persist in the tired and misleading trope, that the determination of controversial issues should, properly, be based on (their perception of the) “original intent,” of the Founders. However, history has emphatically, demonstrated that our Nation is ever-changing, which at various times, has societally and legally, mandated (the onerous, process of) Constitutional Amendment.

Perhaps of utmost importance to the granting of plain justice, is the consideration of timely, relevance. The “Sociological Interpretation” of the United States Constitution, was famously, espoused by, and eloquently expressed in the written judicial opinions of Hon. Benjamin Cardozo, Justice of the United States Supreme Court  (in our view, the greatest and most brilliant Jurist to serve on America’s highest Court.) This just, relevant and pragmatic approach, recommended the application of the provisions of the U.S. Constitution in the manner in which “the Founders would have intended,” but under the prevailing conditions, applicable at the time of the litigation. Those proponents of archaic wisdom, or tactical proponents of injustice who persist in their tired and misleading arguments, based upon the bugbear, of “original intent”  in order to amend their perception of reality, need  to listen to Bob Dylan, who famously, sang, “The times, they are “a’ changin.”

It would be eminently, fair, and deservedly, respectful to the memory of our thoughtful, “Founders,” if their brilliant character and high moral compass, were (fairly) evaluated in terms of theircontextual times, rather than with a thoughtless, anachronistic, (modern-day) projection.

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It may, acceptably, be said that prejudice, against “other” groups of people, as an abstract concept, is not based on reason, or, even actual exposure. We often find it useful to refer to the English philosopher, John Locke, who famously, stated that Man is born with a blank slate, (“tabula rasa”) and that all of his knowledge is acquired by his empirical experience. It may confidently, be said, that the individual mindset for dislike of any group, inarguably, is taught, and reinforced by others, so inclined.

The earliest and most enduring indoctrination in discrimination often is unintended but, nevertheless, is perpetrated by well-intentioned, but insufficiently sensitive, parents and family. In the course of instructing their young child as to his familial and ethnic identity, responsible parents should consciously avoid the impactful and unintended (exclusionary) lesson of the words, “we,” and “they” and, beneficially, in the course of familiarizing the child with his newly acquired, ethnic identity, to do so, in the inclusive context of the existence and acceptability, of other cultures and belief systems. This is the first and, it is submitted, the most crucial (and enduring) prophylactic step against bigotry; the societal importance of which to the body politic, is as vital as the infant’s inoculation against diphtheria. To do otherwise is to permanently, instill in the young mind, the chronic pandemic of ethnocentric preference, or even, hatred.

The perverse and life-distorting lesson of bigotry is an infectious and virulent toxin, perpetuated by its own destructive pathology of pernicious speech and unhealthy atmosphere.  Ambient, hateful or insulting references, socially perpetuate the creation of an atmosphere, redolent with the foul odor of their familiar but perverse acceptability. However, the principles of public morality and human dignity, permit no occasion, whatsoever, for the tolerance of ethnic or, racially, bigoted remarks.

There appears to exist, certain individuals who are, at a minimum, uncomfortably, aware of their feelings who, to avoid negative personal feelings about themselves, when they act or speak on such matters, attempt to construe some (purportedly) justifiable, reason. Yet, there are numerous others, who have long been schooled in the art of social hatred, who, customarily, (and shamelessly) seek the company of others who share in their social pathology.

The baseline principles of human morality and dignity, concededly, would permit no occasion, whatsoever, for the acceptability or tolerance of bigotry, ethnic, racist or sexual. The salient question remains that, since prejudice is learned, can it be unlearned? We would surmise that the success rate in such an endeavor would be less than desirable; however, the principles of common morality, as well as our traditional American (and humanistic) inclinations oblige us to keep trying.

It is our considered view that the proper upbringing of children, (from earliest childhood) in a humanistic, principled, household is the most effective, permanent assurance of future social rectitude. As to others, long soiled by the contaminants of bigotry and hatred, conceivably, the encouragement of multi-racial-ethnic, social interaction (i.e. picnics, dinners, sports attendance) might be of assistance in disabusing the haters of their groundless, predisposed antipathy.

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Regular followers of this blog space no doubt, are aware, that we have eternally had a penchant for attempting to solve, purportedly, “unsolvable questions,” typically, of a philosophical or logical nature. To date, our “finest hour,” may, actually, have been enjoyed, long ago, as high school students, in  relating the solution to the age-old conundrum, “Which came first, the chicken or the egg?” As reported in an earlier essay, we, personally and proudly, revealed the logical answer, viz., that the egg came first; the same being laid by the animal (bird), immediately, preceding the chicken in Evolution’s schedule;  that egg when hatched, eventuated the first chicken. Our success, from the relevant challenge, was, as reported in that earlier essay, two (2) delicious Chunky Bars, but unfortunately, no public recognition. It is especially, frustrating to us that the aphorism of this so-called, insolvable question, (chicken-egg) is still used to signify an issue’s (purported) impossibility of (empirical) resolution.

Over the years, we have been tantalized by the challenge of remote, or exotic, questions, and often frustrated by our inability to attain their explanation. Even the mysterious “black holes,” of outer space, have been identified and explained. We are advised that a “black hole,” is defined and described, as a place where gravity is so intense that even light cannot escape.

In contrast to the latter issue, relating to an exotic question, there are in existence, a myriad of tantalizing questions, relative to many everyday, simple phenomena, respecting which there appears to be no ready, or available, explanation. In point of fact, the utter complexity of the specifically chosen question, prompting this writing,  regarding a familiar item, is misleadingly, disguised, by its apparent, but, nevertheless, essentially, convoluted, simplicity.

In aid of our desire to seek the answer to such labyrinthine question, shortly to be revealed, it would seem prudent to start with the revelation of some well-known, non-complex, facts. The unanswerable question relates to the simple, well-known object, known as the” bagel”.  As commonly known, the bagel is a species of bread roll, shaped by hand into a (hand-size), circular shape, made from yeasted dough, boiled in water and then baked. It is immediately, recognizable by virtue of  its unique, circular configuration (often with a topping, such as sesame seeds, cinnamon, onion, salt, or even, garlic.)

The revelation of the subject issue, as cautioned, predictably, will appear, to be so simple, even, tautological, as to appear comical; however, the reader has our considered, assurance that the same is metaphysically complex and, necessarily, will require a measure of clarification, prior to any attempt at its resolution. We would, respectfully, request that the reader withhold his (predictable) reaction, pending the question’s explanatory, clarification. Any (understandable) conclusion of absurdity, or possible, tautology, will, sadly, miss the true, esoteric and deep labyrinthine mystery, implicit in the challenging issue.

The subject question (kindly, resist any spontaneous, reaction, pending our, explanation) is: “Can, or does, a bagel have a hole in it?” We will undertake to redeem ourselves with the following explanation of the intrinsic rationality and context of the posed question.

Wooden planks, indisputably, are solid objects, manufactured from trees and used most often in the building trades for home construction.  If one were to take a plank of wood and drill a hole in it, the plank, would thereby, have demonstrated its capability to sustain holes. The same would, by extension, demonstrate, that wooden planks, in general, can, indeed, sustain a hole.  The same facility can be experienced and concluded regarding, virtually every other solid object, viz., a torn shirt, cardboard box, footwear (especially, socks), umbrella, rowboat, etc.; virtually, every solid item,  except the troublesome bagel; the latter for reasons,  metaphysical, logical and empirical, to be revealed.

In an attempt to simplify the present, truly, arcane question, we would again point out, if necessary, that a bagel is a baked, circular roll, and thus, by its unique and definitional design, contains a blank (or empty) space, within the confines of such baked, circular dough. What metaphysical wizard can construe the existence, or the manufacture of a hole within its conceded, classic and definitional shape? The empty center, (around which is found, the circular baked dough) does not feature the requisite solid matter, for the construction, or maintenance of what would reasonably qualify as a “hole.”  Stated somewhat differently, the unique, definitional, bagel design, cannot furnish the physical subject matter, requisite to the making, or maintenance of holes. As a matter of elementary physics, an empty void will not sustain the making, or empirical existence of holes, thus, please take note that the bagel, by definition, stereotypically, has a characteristic, empty center, but, no possible hole. [QED.]

-p.  

It would, be accurate to (merely) refer to the Brooklyn Bridge, as a conveyance, constructed, in the mode of an engineering hybrid, combining cable and suspension elements, and spanning New York’s East River, between the Boroughs of Manhattan and Brooklyn, that It opened for bridge traffic May 23, 1883, and, further, that at the time of its opening, it was the largest suspension bridge in the world.

Nevertheless, the statement would be shamefully, insufficient as an adequate or appropriately, respectful, reference to this unique American icon, this veritable (architectural and historical) jewel in the National crown, presently celebrating its one hundred and fortieth birthday. In fact, in our view, there exists no greater nor more articulate, expression of human creativity nor aesthetic beauty and pragmatic accomplishment, to be seen in the contemporary Western world.

Those who, by means of literature and film, may be aware of the early, New York City street scene, are aware of its overcrowded indeed, veritably, claustrophobic, atmosphere.  Streets were so overcrowded with pedestrians, horses and wagons, tradespeople, and pushcarts that pedestrian travel was, by necessity, often effected between rooftops. The ghetto-like, over-crowdedness was unhealthy, as well as physically, confining. Diseases such as the dreaded, tuberculosis, enjoyed the unhealthy windfall of filthy streets, redolent of horse droppings and a myriad of other pernicious sources of infection.

With the opening of this life-changing, bridge, the affected (and infected) New York Boroughs were opened up to travel to the outer reaches of the City and State for healthier air and robust commerce. The new and wondrous conveyance was, especially for the economically, modest residents of New York City, a miraculous means to a less confining and more rewarding life.

European critics and New World naysayers, were, irrefutably, made aware, of the demonstrated, miracle of New World (American) capability, empirically, demonstrated by the Herculean erection of this marvelous suspension bridge, and, that a well-earned and appropriate, respect for the former, English colonies, previously, existentially, threatened by a disastrous Civil War, was, indeed, warranted.

The Bridge, officially certified as a National Historic Landmark, is a strikingly, beautiful edifice, with roadways passing through magnificent portals of gigantic gothic archways, asserting themselves as no less than, appropriately, triumphal. In our view, the Brooklyn Bridge invests the entire East Side of New York City, with the grand and elevated context of a permanent outdoor art and history museum, as well as an everlasting symbol of American ingenuity and courageous accomplishment.

-p.

We are confident of the receipt of a satisfactory response, from an obstetrician or a midwife, if inquiry were made as to the medical reason a newborn child,  upon emergence from the womb, is, summarily, slapped on his bottom. Our surmise is that the dynamic practice encourages crying and the consequent, initiative, process of breathing air.  By bright contrast, however, we have no conception, regarding the motivation of the prospective purchaser of an automobile, who, traditionally, kicks its tires.  Nevertheless, we do have a proposed, albeit, fanciful, or symbolic, explanation for this usual, aggressive display of rubber tire terpsichory, which we undertake to reveal at a latter portion of this essay.

It might prove to be an interesting and creative challenge, to the essayist,  to endeavor to press on with the previous comparative between the automobile, viz., an inorganic, mechanic contrivance, and the singularly, organic, sentient life of humankind, the latter’s creator and user.

The likelihood of a shocked response, to such a radical challenge, might be somewhat tempered, by reference to the analogous, functional similarities, appropriately attributed, to hospital care, and, as well, to the automobile repair center. For example, the medical transplant of organs (the furnishing of new catalog auto parts), the surgical repair or replacement of broken or non-functioning limbs, (mechanical repairs and replacement), transfusion, dialysis, the medically, therapeutic, draining of fluids (change of oil, lubricants), and the repair of a flat tire (podiatric services). [We would request the reader’s kind tolerance of  our contextual effort to construe a literary and fanciful, anthropomorphic, analogy of the attributes of man and automobile.]

When a newborn baby has arrived at the family venue, there then begins a non-stop ritual of its constant cleaning, powdering, oiling, bathing, wiping down, and nurturing. Relatives, neighbors and close friends are invited to admire the newly arrived addition to the family, in his luxurious digs, the lavishly furnished baby room, decorated to proudly, showcase and admire the newly arrived, miracle child. Thereafter, the baby is the recipient of constant, royal inspection and treatment, any new pimple or minor scratch receiving the degree of attendance and care, equivalent, in intensity and dedication, to a broadcasted, code blue, regarding a hospital patient, precariously, assigned to intensive care supervision.

The new car owner, after the exercise of extreme caution, and with the utmost of fiduciary care, pilots his new, immaculately shining, baby blue car into his house-adjoining garage. Before summoning his family members to partake of his indescribable joy,  he turns off the engine and gratefully, sits for a few minutes to survey the ambient wonder of his newly acquired, automotive, Valhalla. In short order, and with a joyous shout, calls the family to see the new mechanical member of the household and to go for a short, but, exuberant drive.

It is only a matter of less than two decades, before the previous, pristine, mechanical wonder fades (in interest and appearance), and declines in family importance and efficiency, to the mundane status of a pragmatic necessary contributing but little, yet often, requiring expensive repair. This predictable, bleak future, is a possible, impetus, as above, for the new car, tire kick.

In those comparative years, the new human addition to the family has exponentially increased in size, functionality, reason and ability to communicate. Simultaneous with the slow, but steady decline in appearance of the once beatified, jalopy, by contrast, the human addition to the household has made great strides in his appearance, personal education and mature perception. By the time the family jalopy was surrendered to a used parts vendor, the family child had succeeded in being awarded a PhD. and enjoyed the academic position of assistant professor of fluid mechanics at Stanford University.

One can, with equal (and non-fanciful or allegorical) effect, easily discern the contrast between the lives of those valuable, American Citizens who by dedication to learning, strive towards wisdom and mature perception, with those hordes of jalopy-like citizens seemingly, content to merely, age and rust, without aspiration for personal growth and mature understanding.

-p.