Lex Anteinternet: A conversation with an old friend. The Good Death, and the Good Life and Existential Occupations.

Lex Anteinternet: A conversation with an old friend. The Good Death...:

A conversation with an old friend. The Good Death, and the Good Life and Existential Occupations.

A really old friend of mine and I were talking about it just last week.

I had to catch up with him as he was working on something for me.  It was Friday, but I was fairly formally dressed and he noted it. The reason was that I had just come from my uncle's funeral earlier that day.  He extended his sympathies, but I noted that my uncle had lived a long and good life.  Not a life free of troubles, as no such thing existed, but a long life, that was well lived, and he'd remained sharp right up until the end.  His health had declined in recent years, but only in very recent ones.  It was the last few months that were rough.

My friend and I, who first knew each other as National Guardsmen back in the 80s, are co-religious.  Neither of us was married when we first met, but both of us have, and have seen our kids grow up since then.  And of course, we've seen our parents pass away, his before mine.  He has siblings, which I do not, and one of his brothers died, only in his 50s.  I noted that in the Middle Ages, people often prayed for good deaths, and he noted that a prayer group that he's in now does that every week.

Prayer for a Happy Death

O God, great and omnipotent judge of the living and the dead, we are to appear before you after this short life to render an account of our works. Give us the grace to prepare for our last hour by a devout and holy life, and protect us against a sudden and unprovided death. Let us remember our frailty and mortality, that we may always live in the ways of your commandments. Teach us to "watch and pray" (Lk 21:36), that when your summons comes for our departure from this world, we may go forth to meet you, experience a merciful judgment, and rejoice in everlasting happiness. We ask this through Christ our Lord. Amen.

I'm constantly amazed by people who work into old age, as I'd judge it, and keeping working.  A dear friend of mine, now in his 70s, noted that just the other day.  He doesn't have to, he just is.  Likewise, I know a collection of lawyers who fit that description.  The law is a hard job, surrounded by hard facts, hard people, and difficult scenarios

I think they just know nothing else, their real personalities, perhaps, burnt to the core eons ago.

In contrast, I'm also constantly amazed by those who have extensive plans for their retirements well before they can retire.  Another friend of mine fits this category, but when I look at him, I can tell his physical condition is so poor it'd be amazing if he lives long enough to retire.  It's one of those things where you don't know what to say.  If you were to be blunt, you'd say that the dreams of early retirement are probably forlorn, but that his dreams of retiring at all may be foreclosed by a bad early death, if some correction isn't made soon, and those corrections are harder to make once you are past your 30s.

The call came to my wife on Saturday.  I could tell from the tone what the topic was, without even being told.  A relative of hers was on his way to the hospital by helicopter.  Even though he was being sent in, in that fashion, I knew, but did not say it, that he'd not make it.  I'm not even sure if he wanted to.

And so another death.

In this case, unlike my uncle, he was much younger.  My age, in fact.  I hadn't seen him for many years, and before his troubles really set in.  He hadn't been able to adjust to them well.  The most common comment from people, none of whom were surprised, was that his torment was over.

I don't have any big plans, like one of my friends, for retirement.  I hope to be healthy, and just become more of an agrarian-killetarian than I presently am.  Funny thing is that recently I've been running into people who claim "you're looking really good". Somebody asked me the other day, indeed at the funeral gathering, "you're working out", the question in the form of a statement.  Not really.

Indeed, I've gained some weight I seemingly just can't lose, which I think is the byproduct of my thyroid medicine, which has made me hungry, and I know that I'm not in the physical condition I was before my recent health troubles commenced.  People close to me just won't accept that, which brings me to the other side of the retirement coin noted above.  Some lawyers I know are already planning for me to work into my 70s, as that's the thing to do, apparently. Long-suffering spouse, for her part, won't say something like that, but from an ag family, she doesn't really accept the concept of retirement anyhow.  Having said that, I wouldn't plan on my retiring from the ag operation either.

It finally occured to me, however, what's different about agricultural jobs as opposed to others, at least if you are an owner of the enterprise or part of it.  The occupation itself is existentially human.  It is, if you will, an Existential Occupation, or at least it is right now. The mindless gerbil like advance of "progress" may ruin that and reduce it to just another occupation.

Existential Occupations are ones that run with our DNA as a species.  Being a farmer/herdsman is almost as deep in us as being a hunter or fisherman, and it stems from the same root in our being.  It's that reason, really, that people who no longer have to go to the field and stream for protein, still do, and it's the reason that people who can buy frozen Brussels sprouts at Riddleys' still grown them on their lots.  And its the reason that people who have never been around livestock will feel, after they get a small lot, that they need a cow, a goat, or chickens.  It's in us.  That's why people don't retire from real agriculture.

It's not the only occupation of that type, we might note.  Clerics are in that category.  Storytellers and Historians are as well.  We've worshiped the Devine since our onset as a species, and we've told stories and kept our history as story the entire time.  They're all existential in nature.  Those who build certain things probably fit into that category as well, as we've always done that.  The fact that people tinker with machinery as a hobby would suggest that it's like that as well.

Indeed, if it's an occupation. . . and also a hobby, that's a good clue that its an Existential Occupation.

If I were to retire from my career, which I can't right now, I wouldn't be one of those people who spend their time traveling to Rome or Paris or wherever.  I have very low interest in doing that.  I'd spend my time writing, fishing, hunting, gardening (and livestock tending).  That probably sounds pretty dull to most people.  I could imagine myself checking our Iceland or Ireland, or fjords in Norway, but I likely never will.

What I can't imagine myself doing is imagining that age and decline don't occur, and that I should be in court in my 70s.  I don't think that the lawyers who do that realize that younger lawyers don't admire that, and most of the lawyers I'm running into in court are younger than me now.  

And indeed, frankly, it isn't admirable.  People who work a hard non-existential job and keep at it into their advanced old age, or at least past their 7th decade, have just lost something they were when they were young, and much of that is themselves.  They've lost who they were.

AN ACT OF FAITH IN ANTICIPATION OF THE HOUR OF DEATH

From the works of St. Pompilio M. Pirrotti

On my journey toward eternity, dear Lord,

 

I am surrounded  by powerful enemies of my soul.

I live in fear and trembling,

especially at the thought of the hour of death,

on which my eternity will depend,

and of the fearful struggle that the devil will then have to wage against me,

knowing that little time is left for him to accomplish my eternal ruin.

I desire, therefore, O Lord,

to prepare myself for it from this hour,

by offering you now, in view of my last hour,

my profession of faith and love for you,

which is so effectual in repressing and rendering useless

all the crafty and wicked schemes of the enemy

and which I resolve to oppose to him at that moment of such grave consequence,

even though he should dare alone to attack with his deceits

the peace and tranquility of my spirit.

I N.N.,

in the presence of the Most Holy Trinity,

the blessed Virgin Mary,

my holy Guardian Angel

and the entire heavenly host,

affirm that I wish to live and die under the standard of the Holy Cross.

I firmly believe all that our Holy Mother,

the holy, catholic and apostolic Church,

believes and teaches.

It is my steadfast intention to die in this holy faith,

in which all the holy martyrs, confessors and virgins of Christ have died,

as well as all those who have saved their souls.

If the devil should tempt me to despair

because of the multitude and grievousness of my sins,

I affirm that from this day forth

I firmly hope in the infinite mercy of God,

which will not let itself be overcome by my sins,

and in the Precious Blood of Jesus

which has washed all my sins away.

If the devil should assail me with temptations to presumption

by reason of the small amount of good

which by the help of God

I may have been able to accomplish,

I confess from this day forth

that I deserve eternal separation from God

a thousand times by my sins

and I entrust myself entirely

to the infinite goodness of God,

through whose grace alone I am what I am.

Finally, if the evil spirit should suggest to me

that the pains inflicted upon me by our Lord

in that last hour of my life

are too heavy to bear,

I affirm now that all will be as nothing

in comparison with the punishments I have deserved throughout life.

In the bitterness of my soul

I call to remembrance all my years;

I see my iniquities, I confess them and detest them.

Ashamed and sorrowful I turn to you,

my God, my Creator and my Redeemer.

Forgive me, O Lord, by the multitude of your mercies;

forgive your servant whom you have redeemed by your Precious Blood.

My God, I turn to you, I call upon you, I trust in you;

 to your infinite goodness

I commit the entire reckoning of my life.

I have sinned greatly, O Lord:

 enter not into judgment with your servant,

who surrenders to you

and confesses his guilt.

Of myself I cannot make satisfaction to you for my countless sins:

I do not have the means to pay you for my infinite debt.

But your Son has shed his Blood for me,

and greater than all mine sins is your mercy.

O Jesus, be my Saviour!

At the hour of my fearful crossing to eternity

put to flight the enemy of my soul;

grant me grace to overcome every difficulty,

for you alone do mighty wonders.

Lord,

according to the multitude of your tender mercies

I shall enter into your dwelling place.

Trusting in your pity,

I commend my spirit into your hands!

May the Blessed Virgin Mary

and my Guardian Angel

accompany my soul into the heavenly country. Amen.

We should all hope and indeed pray for a happy death.  And perhaps we should pray for a happy life, which is one worthwhile.  That doesn't, quite frankly, include the "I'm going to work here at my desk until I die".  That's surrendering to fear or meaningless, in most cases.

Again, there are exceptions.  People with Existential Occupations, people who own their own special business, and the like.  The list can't really be set out in full.

That doesn't include pouring through the latest edition of the IRS code for deductions, or reading the Restatement (Second) of Torts, or engineering an oilfield implement. 

Lex Anteinternet: Super Dangerous Activities and Vast Resources

Lex Anteinternet: Super Dangerous Activities and Vast Resources:  

Super Dangerous Activities and Vast Resources

 A lot of Twitter is junk, but this comment hit me a bit:

The death of any man diminishes me but, beyond a quick yet sincere Requiescat for them, my main question now is how many public tax dollars were spent trying to rescue the super-rich from their super-dangerous escapades.

Not that they asked for it.

And not that there isn't an effort to rescue any who are, in the words of the hymn, "in peril on the sea".

But there's just something existentially different about this.

Many will say that nobody has a right to tell other people what to do with their money, but that is in fact wrong, and we do it all the time.  There are plenty of things that are illegal that people spend their money on, and we aren't inclined to make them legal on this basis.

To have cash to such a surplus level that $250,000 can be spent for a single instance of amusement, no matter how profound the experience, raises moral questions of all sorts, and not just for those who are that well funded, but also for the societies allowing this to occur.

And the Titanic is the site of a mass loss of human life.  To spend that amount of money to dive on what is essentially a grave is problematic.

There's a public duty to try to rescue those imperiled, irrespective of their wealth or lack of it. An interesting thing here is that the effort was undertaken when those in the know, already knew these individuals were dead.  The U.S. Navy knew at the instant it occurred.  Those on location did as well.  It sounds as if those on location distributed the news within thirty minutes of it occurring.

I'm not saying that "expend any effort" shouldn't be attempted. That was done, and no doubt that cost at least the United States and Canada millions.

I'm saying that this shouldn't have been allowed in the first place, and that in this era of vast wealth, something should be reassessed.

Lex Anteinternet: Why the Leak Matters

Lex Anteinternet: Why the Leak Matters:

Why the Leak Matters

Some liberal pundits, including Robert Reich the economist, whose really misguided comments on inflation are causing me to respect him less and less, are using the oddly illogical argument that those outraged by the leaking of the Supreme Court opinion which, in draft form, reverses Roe v. Wade have misplaced outrage and its merely camouflage for not being properly outraged about the opinion.

We'll comment more on the opinion in the future, but this is a very badly illogical argument that people like Reich and Kasie Hung (whom I do like) are making.

Here's why the leak matters in regard to this opinion in particular.

In spite of what people may think, there's no real basis to believe that this is the final opinion. Draft opinions famously don't end up as final opinions fairly frequently.  

Now, if that happens, the final opinion will receive no respect at all.  In a highly polarized environment in which about 1/3d of the country already believes, wrongly, that Democrats conspired to steal the last election, if this doesn't go the way it seems to be headed in the draft, the argument will be "well, there you go again, they conspired to leak the opinion to pressure the justices".

We don't need that.

Additionally, if the opinion does change, it'll forever be presumed that whomever change their view, and however it changed, was a result of the public protest.  Courts should be immune to protest.  Politicians, who depend on the voters' votes, can react to protest, but courts should not.

Indeed, courts shouldn't be persuaded by trends either, which has been part of the problem here in the first instance.  We'll get to it later, but the draft assertion that Roe was always wrong isn't wrong itself.  But that brings up other issues, better addressed elsewhere.

For those who hope that the leak will pressure somebody to change their mind, the justices have shown an inclination to go the opposite direction of where they are pushed, just like mules.  Earlier this year, there was a leak that suggested that two of the justices were on the outs about something.  In reaction, they pulled together.  This is a 5 to 4 decision, apparently, but we really don't know what the remaining four think, yet.  If somebody hasn't penned their dissent, they might not, choosing instead to issue a concurring opinion on different grounds, or a partially concurring opinion.  In other words, while we know what the presumed majority thinks, we don't know what the presumed minority thinks, and they can move in secret.

Indeed, the presumed majority might already have done so.  If one of the five is pondering changing his opinion, perhaps to align more with Chief Justice Roberts, and indeed if one may already have done so, the desire not to appear subject to public protest may push them right back.  The intent of the leaker, therefore, which is presumably to torpedo the opinion, may result in the polar opposite.

And then there are the implications to the system.  We don't know who the leaker is, but its probably not a Justice.  If it were, and of course there's the chance that it is, that person will be discovered, probably, and will be sidelined to irrelevance forever.  They won't resign, Supreme Court justices don't do that, but they'll not much matter after this. They won't be assigned opinions, they won't really be consulted much, by anyone.

Of course, it's pretty unlikely a Justice is the leaker.  Somebody in the loop is, and it's probably a clerk.  That person's clerking days are over, if discovered. They'll go on, however, to a position in some left wing cause type of law firm, but the damage they will have done will be significant.  The habit of hiring clerks and how it is done will be reassessed.  Clerks will remain, but they'll be vetted to the n'th degree.  Perhaps the lock on clerkships by the Ivy Leagues will end, which will be welcome.   Perhaps it'll become the job of established lawyers, professionals who can be relied on not to be swayed by their political views and emotions, which in states courts has been the trend for many years.

And then there's the press. This is a press coup, to be sure, but the press taking a role that's ultimately destructive, really.  A draft opinion isn't the Pentagon Papers.

And that leads to the political process.  Right now, this is being used as fodder by politicians, some of whom know better and some who do not.  Vice President Harris was heard to say yesterday:

How dare they? How dare they tell a woman what she can do and not do with her own body? How dare they? How dare they try to stop her in determining her own future?

Harris is a lawyer, and she knows this is a falsehood.  What the draft opinion would do is to send this issue back to the state legislatures, or potentially to the national legislature, so that the legislators have to vote on the issue.  That's it.  A rational response by somebody with her views would be to state "well, here's a difference between us and the GOP and this is a reason to vote for Democrats.".  That's not my view, but that would be a rational response.  Instead, it's going to result in months of more false arguments before we needed to be hearing them, inserted into a political era in which boatloads of false arguments are already in circulation.  The entire country didn't need that.