The Parable of the Canary

Josh lives.  Josh walks.  Josh breathes.  Josh speaks. 

One day while teaching, Josh was asked, ”How can carrying a baby to term prove rape?”

Josh spoke thus:

There was a man who could not sue anyone for his death because he had not died.

He would die, of course, he was sure to die.

But not being dead, he could not sue.

The mine in which he worked was work at will.  He had been informed of the risks, and he knew the risks, and he accepted the risks.

He had signed no waiver.  He might have sued against a waiver.  A lawyer might have found a clause, might have found a word, might have found a participle that levied culpability.

He might have joined a class action, perhaps.

There was no class action, though, only his job, the jobs of his shift mates, the jobs of his foremen.

All could quit at any time, if they wanted.  The man could quit at any time, if he wanted.  He had often wanted to quit.  He had just as often not quit.

Jobs were scarce, and jobs were getting more scarce.

So he would die, of course.

Knowing this, he resented that he could not sue.

Who could he sue, the company, for agreeing that he would go down the hole and dig?

Who could he sue, the dust in his lungs, that might choke him?

Who could he sue, the rock over his head, that might fall?

Who could he sue, his ax, that might spark gas?

Who could he sue, himself, for putting himself there?

Who could he sue, his wife and child, that might make him leave the mine, and doom him?

Who could he sue, the government for not making it illegal for him to work?

Who could he sue, the canary that might by dying warn the man that he was about to die?

That would be a lot of suing.  That would be a lot of lawyers.  The man disliked lawyers.

The man disliked the company, for agreeing that he would go down the hole and dig.  The man disliked the dust in his lungs, for choking him.  The man disliked the rock over his head, for its capacity to fall.  The man disliked his ax, for its readiness to spark.  The man disliked himself, for putting himself there.  The man disliked his wife and child, for wanting him to leave the mine, though it would doom him.  The man disliked the government, for not making it illegal for him to work.

Mostly, though, the man disliked the canary, for dying.

The man said to the canary, “You should sue.”