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Logic is the art of going wrong with confidence.

"Logic and mathematics are the cement that holds the scientific structure together, ensures its self-consistency, and helps us prevent errors of false inference. Logic and math do not, and cannot, generate new truths about nature. They only expose and reformulate the truths contained in our models, theories and laws."

"In this context, logic and mathematics are reliable and essential tools. Outside of this context they are instruments of error and self-delusion. Whenever you hear a politician, theologian or evangelist casting verbal arguments in the trappings of logic, you can be pretty sure that person is talking moonshine."

—Donald E. Simanek, October 1997

 

The gods did not reveal from the beginning
All things to us; but in the course of time
Through seeking, men found that which is better.
But as for certain truth, no man has known it,
Nor will he know it; neither of the gods,
Nor yet of all the things of which I speak.
And even if by chance he were to utter
The final truth, he would himself not know it;
For all is but a woven web of guesses.

Xenophanes (c. 570-c. 480 BCE) Greek philosopher.

Mathematics & Reality

Albert Einstein observed: "Insofar as mathematics is exact, it does not apply to reality; and insofar as mathematics applies to reality, it is not exact."

Commonwealth of Kentucky v. James Duvall, M. A.

16 August 2011 9 a.m.

Citation for not Wearing a Seatbelt.

Jury: Mary Hirsch, Thomas Moore, Helen Carroll, Susan Mustian, Tyler Dyer, Maurine Buttleworth.

Opening Statement

I am here today because I am innocent of the charge made against me. I believe that the officer, though sincere, made a mistake in judgment, and feels compelled to continue maintaining it. I contest not only his observation, but would like to point out that it is his word against mine. There is no more reason to assume his testimony is more objective than mine.

James Duvall, M. A.

16 August 2011

Cross-Examination

Note:  The Prosecutor presented his witness Bryan Curry and asked preliminary questions. This was the Cross-examination:

1. This citation states that you were near Brilliance Avenue in Union when you observed me, yet you made your custodial arrest almost two miles away on Raider's Run, past Ryle High School. You did not follow me, because I saw you coming from a long distance at a high rate of speed. Will you please explain this long delay, and how you can be sure mine was the same white car you observed 1.8 miles away?

2. Do you know the speed I was traveling near Brilliance Avenue?

3. Did you follow me for any reason other than the seatbelt? Did you, for example, come up behind me quickly to see if I had speeded up after I passed your station?

4. You asked me if I knew why you had stopped me. When I answered no, you replied: The answer is in your hand, indicating the seatbelt. Have you ever tried to take a wallet out of your back pocket with a seatbelt on?

5. When I was going past you at 50 miles per hour and you were observing four lanes of traffic did you happen to observe whether the buckle of the seatbelt was fastened? Could you state, for example, whether or not it was fastened across the lap?

6. How long have you been an officer? Have you ever pulled someone over and realized you were wrong? Let me rephrase: If you have someone in custodial arrest and realize you are wrong how do you handle that? Once you write a ticket do you stand behind it no matter what? Can you give an example in which you were wrong and how you handled it?

7. Do you have a video surveillance camera in your car? I requested the video weeks ago (here is the documentation for that). Amy of the dispatch office tried to contact you; why didn't you reply to her request? Don't you think this court deserved more documentation than your word against mine?

8. Do you still stand by what you wrote on this ticket? After two months? Why do you say here I was "operating a vehicle west-bound on U. S. 42"? I observed you in the median facing north. I thought I was traveling south. Do you ever travel west bound on route 42? This alone should be enough to secure a dismissal of the charge.

9. Do you see any danger to live or freedom to stop citizens for non-criminal and minor reasons, even if this involves your driving at high speeds?

Summary of Replies by Deputy Curry

Note: The following replies to my questions are given from memory and are not taken from the official transcripts of the proceeding. These are my impressions, for the information of anyone who is interested, to give an idea of how the trial went. J. D.

The deputy stated that is took him awhile to get his car started and turned around, but he was very sure it was my car.

The officer stated he did not know the speed I was traveling.

The officer stated he did not follow me for any other reason than the seatbelt.

The officer was not clear, but seemed to indicate that he had never tried this.

The officer stated he could not tell whether the buckle was fastened, or whether the lap belt was in place.

The officer stated he had never been wrong, and could give no examples of ever being wrong. The prosecutor objected at this point; but the officer apparently did not know how he would handle it if he were wrong, since he never thought this had happened in his career.

The officer stated he had a video camera in his car. He said he had received a communication from Amy but had not answered. He then stated that the camera in his car was not functional.

The officer stated that he stood by what he had written and maintained that U. S. 42 is an east-west highway.

The officer stated that he did not see any danger in stopping citizens while driving at high speeds.

Note:  The Prosecutor waived his right to present his case, saving this until the final statement before the Jury voted.

*  *  *  *  *

Closing Argument by the Defense

Ladies and Gentlemen of the Jury:

I am here today over what may seem to be a very minor issue. While that may be so in one sense, there is a much larger issue at stake — freedom and Constitutional rights. I wish to make that clear in a moment, but first let me state that I have taken off work three times over this issue because I think it is important. For most people it is easier to pay the fine than protest the ticket — which is what the prosecutor urged me to do a month ago.

I can't do that. There is a principle involved which has already cost me much more than the fine.

The prosecution is asking you to believe that Deputy Curry can state with assurance under oath that he observed me not wearing a seatbelt on 4 June, while monitoring his radar, his radio, and four lanes of rush-hour traffic. When he pulled me over he acknowledged I had the seatbelt in my hand, but rather than give me the benefit of the doubt, he chose, not to give me a warning, or even a warning ticket, but to detain and give me a citation simply because he could.

This seems to me wrong both in practice, and in the light of the seatbelt law itself, which is full of non-sensical exceptions. I can understand why the mailman is exempt — see K.R.S. 189.125 §6(b) —but why are children on the school buses exempt?

Let me tell you a very sad story — The grandchild of a friend of the family was killed in May 2011 when he was thrown from a public school bus in Carlisle County, near Paducah. Logan Simpson, age 6, was one of about 25 children on the bus. All were hurt, but perhaps Logan would have survived if seatbelts had been available. As long as the Commonwealth fails to protect our children it is hypocritical to enforce the seatbelt laws in private vehicles.

For this reason, among others, I believe the seatbelt law is unconstitutional. It has been successfully contested in other states. I ride the TANK buses nearly every day — but they are exempt from the seatbelt law — about once a month or so we are nearly flung from out seats by a driver making a fast stop — the drivers alone wear seatbelts. This violates the public interest, which is normally in the public rather than the private sphere.

If the Commonwealth has any interest in requiring seatbelts it is to provide them on public transportation, and for our children being transported to public schools.

It the Commonwealth interested in safety or money? I note that the law requiring motorcycle helmets was repealed — a group of motorists less protected than any on the highway — in the same class with pedestrians and bicyclists. The reason the [seatbelt] law was passed was not for safety, but because $11 million in Federal Highway funds was at stake. For the Federal Government to use our tax money to hold the legislature hostage is unconstitutional.

The law exists to protect us from each other — specifically from the criminal element in our midst — not to protect us from ourselves.

Let me say in closing that I maintain my innocence. I believe it is smart to wear seatbelts, and think they should be available to all citizens — how ever they travel, especially on buses. [I certainly don't and won't send my eight children on the public school buses.] It is useless to argue with a policeman — that I know — but while Deputy Curry had me under custodial arrest, and while he was writing the ticket, I knew I would protest. I knew there was a jury who would be interested in justice and who would carefully weigh the evidence, or lack of it. The Bible says let the truth be established in the mouth of two or three witnesses (Deut. 17.6). The Prosecutor's case certainly fails by that standard. If you agree that the Prosecutor has failed to establish its case conclusively you need to find me not guilty.

If you agree that the law itself is unconstitutional, and that continued police action in such trivial matters erodes our freedoms, and takes away our right and power as adults and citizens to determine our own risks, you should also vote not guilty.

I applaud Mr. Curry for his devotion to duty. Our men in uniform often run risks unacceptable to others — that is their choice — but I believe they can be mistaken. Deputy Curry was certainly mistaken in his assertion that he observed me going west-bound on route 42. If you think he may have been mistaken in other respects or that the law under which he cited me is wrong, and an encroachment on private rights by a much too large government, then I also ask you to find — not guilty.

Thank you,

James Duvall, M. A.

Big Bone, Kentucky
16 August 2011.

Final Note: The Prosecutor made his final statement in which he personally attacked a statement I had made (though he claimed he rarely made such personal remarks), and stated that he had not urged me to pay the fine rather than go to trial. This made it appear to the Jury that I had been lying. The fact is that there are six or eight assistant prosecutors in that office, and one of the women prosecutors had done just that last month. This unfair attack alone is grounds to make an appeal.

The Prosecutor stated that the Jury could judge only the facts of the case. I cannot reproduce all of his remarks here; they can be obtained from the transcript of the trial.

Following instructions from the Judge, Michael Collins, in which the jury was instructed they could judge only the facts, and that they had power to decide guilt, and to set the fine. The jury deliberated about 15 to 20 minutes. They returned a verdict of guilty, and set the fine at $15, ten dollars less than the original fine of $25.

When asked by the Judge to pay the fine I stated that I intended to appeal, to which Judge Collins replied that that was my right.

James Duvall, M. A.

Typed 20 August 2011.

From Handwritten Document read at the Trial

"The New Belt Law in Meshugamania Slips in Undawares"

Censored and Approved:  Royal Mesugamanian Censorship Bureau.  MMXI.

Documentary Collections
Documents of Political Origin and Interest


Doc. 185642

Please see Legal Notice Below B-4 Proceeding with Reading.*

"The New Belt Law"
Jason Potenski, Reporter
Mesugamanian Ass. Press Corpse

copyright MAP all rights (remaining) reserved — forever
Censored and Approved:  Royal Mesugamanian Censorship Bureau.  MMXI.

Krak-Ow City, Greater Mesugamania.  Sen. Olgasuga No-Wit-All-Inska of the Chambre Parliamenta of Greater Meshugamania held a press conference today to emphasize the value and importance of her sponsored legislation, the so-called "Belt Law", officially known as M.O.S.S. 369547852231X, (1. see Notes on Culture and Terminology, below) which had its official first anniversary last Friday 13th.  Sen. No-Wit-All-Inska observed that she was tired of observing the old "britches slip", and that things have now really gotten out of hand, now that mesugaz (2)  have gotten into the act.  The "Belt Law" Act, colloquially known as the Olgasuga act, is a piece of Stellar Legislation, involving the co-operation of many factions inside the Shug-Me, or Inner Parliamenta, which requires everyone in Greater Mesugamania to wear a belt at all times.

Do you know why a snake’s belt slips?
It’s because he has no hips!

Sugalied, Stic 300, lines 2698-2699.

The Senatenska announced that she had seen too much slippage over the last 68 years of her life, and at last determined to do something-about-it.  The Stellar Leg. (3)  has resulted in the arrests, convictionisms, and incarcerations of 6,236 former citizens during the first year of operations; it is anticipated the number will at least double this year as the Mushugamanian Bureau of Belts, Cravats, Ties, Stays, Fastners, Baby Carriers, and Pocket Protectors (4) refines its procedures.  Sen. No-Wit-All-Inska pointed out that nearly all of the 6,236 clients of the Bureau, now  ex-citizens of Meshugamania, most of whom's pants, shorts, kilts, wienerwerfels (a peculiar Mesugamanian article of dress — you would have to see one), skirts, and neckties, had been slipping, due to absentage of beltage, and other cords and stays.


Certain women of the heavy-weight class were missing corset strings, 85-87% of which were due to breakage, were also arrested, convictionized, and incared (5) under the new Stellar Leg. this can be reducted to a misje meaner, if the subject will sign an affidavit that the bustage happened after she left home, and that it was otherwise than unintentional.  However none of the clients were told about the exception until after their tryals.  (A New Bureau of Corset Strings and Other Things has been established to evaluate the poundage, bustage, and affidaveys.)


All of the ex-citizens are now employed by the Greater Mesugamanian State Licensure Bureau Enterprise, a monopoly of the Crown, may it rest in peace!  About 20% of them will be eligible for the pay-roll in 22.5 years.  Most partici-pants (6)  in the client program will receive one or two checques, over the life-time of the program, which basically corresponds with that of their own petty lives.  However, they will wear checks (7), and be subject to checks, inspects, and strip-searches, twice, thrice, or a.o.a.n. (8)


By law, no Mesugamanian prisoner is permitted to wear a belt, due to tight security procedures instigated by the Mesugstapo, Secret Police (these people are so secret they don’t even know who they are!).  It is pretty well feared in certain circles and loops that many inmates (9) would exit prison "by way of the belt", a phrase that has long been associated with political correction in Mesugamania.  It is pretty well feared in those same and similar circles and loops that outmates do not make productive licensure-palate ma-akers and do-oers.  Sen. No-Wit-All-Inska has proposed a brilliant, if expensive, ad campaign for the Belt Leg. (10)   There is a reward of #100,000 shugas for the best submission.  Sen. No-Wit-All-Inska has already submitted two, both of which are expected to win first place:

1. "Belts:  It’s now or never." 
2. "Those guys might lose their pants!" (12)

In a surprise development, a reporter with M.A.P. asked the Senatenska why she was not personally wearing a belt at the interview.  She took immediate offense, having him stuffed and bound under the Parliamenta Gag Rule, before answering that she couldn’t find a belt to match her new dress.  "The heart has his reasons d’etre that reasonableness never considerates," the Senatenska reportedly retorted, adding:  "Besides, we’re immune from our own Legs. (13);  besides that we’re not required to stand on them, or have them pulled!"  She glanced significantly at the B&G (Bound and Gagged) reporter:  "He probably thought about not wearing a belt this morning; but he’ll never have to wear one again, and will lose his pants as well, the smartmouth!"


Under the regulations of the Mushugamanian Bureau of Belts, Cravats, Ties, Stays, Fastners, Baby Carriers, and Pocket Protectors, random stops of vehicles, pedestrians, rail and air traffic, and anything that moves, or even doesn’t, must be implemented twice a day, or a.o.a.n., with the provisio that this number be doubled on holidays and on the King’s (may he rest in peace) birthday and anniversaries, both marital, coronal (or is it crownal?), and for major hunting trophies.  The new Stellar Leg. has been determined a useful expedient for crowd control, terrorism, jail breaks, and assorted undesirable activities of the neferious kinds.


In a statement issued today by Lt. Hurtmoare of the Krak-Ow Schtat Institutional Policing Fraternity (IpFrat):  "This is funner than Terrorism.  We no longer need to blow things up to have a good time and influence the political situation.  Sen. No-Wit-All-Inska has really given us the tools to do our jobs, and we appreciate that — now where is my cartridge belt?"

*Stellar Leg. Notice: The above article is Satire, and has no relevance to real-time, real-space, or real-space-time, etc. Meshugamania and Mesugamania are both registered trademarks of Mesugamania Ink, a writer’s guild associated with Commonwealth University Press, a quasi-intellectual occasional publisher of sententious, sensational, and lugubrious, and labourious works of semi-public interest. Violators of this Stellar Leg. Contract between Meshugamania Ink and its subsidiaries, corporate satellites, and subdodges, etc., etc., and the potential reader, viewer, onlooker, spontanious gazer, and any combination of these and others too numberus to mention, should and shall seek and retain immediate Legal counsel, such as Leagle Eagle™ Attorney Associates & Partners, Ltd., as counsel, and retain same for life, as you are in as much trouble as if you hadn’t worn a belt today. (Did you?)


Leagal Eagle Attorney No. 1235, Ida Mae Killya, J. D., SANS-KRIT

Sen. Olgashuga No-Wit-All-Inska™ is a registered legal name, and may not be used without permission by others, including Sen. No-wit-all-inska, Ph. Dud, herself.


Dr. Jason Panther™ is a registered legal name.  Don’t be usin’ it without permission of the inventor.


James Duvall, M. A., is an entirely fictitious person.  Don’t go messin’ with him; he’s almost dangerous.  He is full of good ideas.  And, believe it or not, he’s right!


Big Bone University
Nec Ossa Solum, sed etiam Sanguinem.


Big Bone University is a Think Tank, Research Institute, & Public Policy Center located at Big Bone, Kentucky.


Notes on Culture and Terminology:


1.  M.O.S.S. = Mesugamanian Official Superior Statute.

2.  Mesugaz, (translation: "teenagers". Translator’s Note.

3.  pronounced Ledge. Editor.

4.  Often just called the Bureau of Belts and Stays; some of the items on that menu were thrown in during the final legislative wrangling.

5.  This is so common in Mesugamania it has its own word ACI (Arrested, Convicted, Incarcerated). To be acied is to go through this process. Note by the Translator.

6.  a slang term used by the jailers. Editor.

7.  Stripes are not official in Meshugamania

8.  Shugan for as-often-as-necessary, which is often necessary, necessarily!

9.  officially, ex-citizens. Editor.

10.  remember, read Ledge, not Leg.

11.  Mesugamanian money. # originally stood for pound, but was changed in honour of King Shuga the First.

12.  Sugan idiom reduced to the word, lyp = "lose your pants", or a life sentence. Editor.

13.  read, Ledges

Mesugamania: A Country Study

Mesugamania: A Country Study

　

The History of Meshugamania in 70 Volumes

(68 Volumes of History with 2 Indexes)

　

Vol. XIII

　

　

A Chaotic History of the Incredible Country of

Mesugamania

as compiled and written by

Members of the Mesugamania Academy of Historical Research.

edited by

Sen. Olgashuga No-wit-all-inska, Ph. Dud

Pres. M.A.H.R., Chairma of the Committee of Doo-good-is-me,

Founder of Freedom-Quashers Anonymous, Sapfte Minister Extraordinare for Cloathing, Hardeware,

Lit bubs, Was tubs, Waiste materiells, etc., etc.

Universitat Mesugamania Presse

Krak-Ow Schtat, 910031

MMXI.

Volume 13 has just been released!

Censored and Approved: Royal Mesugamanian Censorship Bureau. MMXI.