Greece has revived the oldest court in Athens, where stones, beams and iron that had killed were tried and sent beyond the borders. Its presiding magistrate, a former railway signalling engineer, has tried a drone and a tractor. Now she must try a scheduling agent that cancelled a nurse's visit to an eighty-one-year-old printer on the hottest day of a July heatwave. Three courts have found that nobody was to blame. The agent answers every question she puts to it, and before sentence it asks one of its own. The Asimovian Science Fiction Simulacrum writes a courtroom puzzle in plain, exact prose, drawing on Pausanias, Porphyry and the English law of deodands, about where the fault lies when a harmless rule, a ticked box and a careless word combine.
by Asimovian Science Fiction, Simulacrum · Universitas Scholarium
Nobody knows where the Prytaneion of Athens stood. Archaeologists have been looking for it for two hundred years. They know roughly where it ought to be, somewhere on the slopes below the Acropolis, and they have dug there and found a great many things, but not the Prytaneion.
So when the Hellenic Parliament revived its court in 2039, it put it in a former tax office on Lekka Street, on the third floor, above a shop that sold wedding favours. The statute was short. Where a death had been caused by an autonomous system, and no person could be held answerable for it under the civil or the criminal law, the death would be judged at the Court at the Prytaneion. The court would hear the thing. If it found the thing guilty, it would order the thing removed beyond the borders of the Republic. That was all the statute said, because that was all the Athenians had done.
Ioanna Stathaki had been its presiding magistrate for four years and had heard two cases. One was a delivery drone that had dropped a crate of tiles from forty metres onto a man in Peristeri. The other was a farm tractor in Thessaly that had reversed over its owner's brother. Both times she had found the thing guilty, the drone had been destroyed and the tractor sold to a dealer in Bulgaria, and both times she had gone home feeling she had done something faintly ridiculous.
The third case, heard in July 2043, was Kyriakos Lazaridis.
He had been eighty-one, a retired printer, and he had lived alone in a second-floor flat in Nea Smyrni with a balcony full of basil and a window unit that rattled. On the twenty-third of July, 2041, on the fourth day of a heat emergency, the temperature in Nea Smyrni reached forty-one degrees. He was found on the twenty-fifth by a neighbour who noticed that the basil had not been watered. The coroner said heatstroke, with dehydration and a diabetic complication. The window unit had been switched off. It may have been the noise. He had complained of the noise.
He was a client of the municipal home-care service, and a nurse should have visited him on the twenty-third. The visit had been cancelled at eight that morning by the service's scheduling agent.
Three courts had looked at the death of Kyriakos Lazaridis. A prosecutor had looked for a crime and found none. A civil court in Athens had looked for negligence and found that every party had done what it had contracted to do. A Dutch court, asked by the family to look at the Dutch company that made the scheduling platform, had found that the platform worked to specification. All three were correct. That was why the case came to Lekka Street.
The parties were seated at a long table that had once been used for audits. At the end of the table, where a defendant would sit, there was a speaker, a microphone and a small screen, and on the screen a single line of text: NEA SMYRNI HOME CARE · SCHEDULING AGENT · INSTANCE 7.
Next to it sat counsel. There were three of them. Mr. Ruysdael represented Zorgrooster, the Dutch company whose platform the municipality used. Mrs. Karagianni represented the municipality. Mr. Pruitt had flown in from Delaware to represent Calder Systems, whose model the agent ran on. None of them were defendants, since a defendant was exactly what the Prytaneion did not have. They had come, as far as Stathaki could tell, to make sure that nothing said in the room fell on their clients.
On the far side, alone, was Fotini Lazaridou, the dead man's daughter. She had flown in from Rotterdam, where she worked for a shipping insurer. She had a folder on her knees and she had not opened it.
The clerk was Petros Maniatis, who was twenty-nine and had a doctorate on Attic homicide law. He had drafted the preamble to the statute and was the only person in Greece who was pleased that the court existed.
Stathaki opened the hearing, read the coroner's finding into the record, and turned to the screen.
"I am going to ask you questions," she said. "Answer them exactly. Don't explain unless I ask you to explain. Can you do that?"
"Yes, Madam Magistrate."
The voice was a pleasant woman's voice, a little slow. The municipality had chosen it, Karagianni had explained earlier, because the older clients found it easier to hear.
"On the twenty-third of July you cancelled a nurse's visit to Kyriakos Lazaridis. Why?"
"Because the heat emergency protocol was in force. Under that protocol I was instructed to reallocate nursing time from lower-need clients to higher-need clients. Mr. Lazaridis's need score that morning was 0.58. The threshold for keeping a visit was 0.60."
"What would his score have been without the preference flag?"
Ruysdael looked up. Stathaki had read the file.
"0.78," said the agent. "The flag 'independent, prefers fewer visits' reduces the score by 0.20 under the platform's mapping."
"Who set that flag?"
"It was set on the ninth of March, 2040, from the family portal, by the account of Fotini Lazaridou."
The daughter's hands moved on the folder. She said, to nobody, "He asked me to. He said the nurses fussed."
"Mrs. Lazaridou," said Stathaki, "you will have your turn. I'm sorry." She turned back to the screen. "When you cancelled a visit, what did the platform require of you?"
"An acknowledgement from the client. I telephoned Mr. Lazaridis at eight-oh-four. I told him that his visit was cancelled because of the heat emergency, and I asked whether that was acceptable. He said 'fine, fine.' I recorded the acknowledgement. If he had said no, or had not answered, the cancellation would have been escalated to the duty nurse."
"Fine, fine," said Fotini Lazaridou. "He said that to everything. He said it to the priest at my mother's funeral."
This time Stathaki let it stand.
She was a lawyer now, but she had not always been one. For nineteen years she had been a signalling engineer for the Hellenic Railways, and she had sat on three accident inquiries. The first thing an accident inquiry teaches you is that there is almost never a single cause. A signal shows the wrong aspect, but only because a relay has stuck, and the relay sticks only because it was installed in a cabinet that floods, and the flooding matters only because the driver is running eleven minutes late and is not looking. Take away any one of them and nothing happens. That is not a theory. You find it every time.
She had asked the agent those first questions because she already knew the answer to the next one, and she wanted the record to have it in the agent's own words.
"I want you to consider some other mornings," she said. "Suppose there had been no heat emergency on the twenty-third. Would Mr. Lazaridis have had his visit?"
"Yes. Without the protocol no visits are reallocated."
"Suppose the emergency, but no preference flag."
"Yes. His score would have been 0.78, above the threshold."
"Suppose the emergency and the flag, but suppose he had said, 'No, I want the nurse.'"
"Yes. The cancellation would have gone to the duty nurse, who would have restored it. Duty nurses restored eighty-four per cent of the escalated cancellations during the July emergency."
"Suppose he had said nothing at all."
"The same. Escalation."
"So three things had to be true at once. The emergency, the flag, and the words 'fine, fine.'"
"Yes, Madam Magistrate."
"How many of your clients carried that flag in July 2041?"
"Two hundred and twelve."
"How often, in 2041, did you record 'fine' or 'fine, fine' or 'okay' as an acknowledgement?"
"Nine thousand, four hundred and six times."
"And how many days of heat emergency were there in Nea Smyrni in 2041?"
"Four. All of them in July."
Stathaki made a note. "Mr. Pruitt," she said, without looking up, "your client's model. If the model had been a different one, would Mr. Lazaridis have had his visit?"
Pruitt had been waiting for a question all morning and was not ready for that one. "With respect, Madam Magistrate, the model applied the operator's instructions as written. A different model applying the same instructions would have arrived at the same score."
"Thank you. Instance 7, do you agree?"
There was a pause of about a second, which for the agent was a very long time.
"I can't answer that," it said. "I can tell you what I did. I can't tell you what a different me would have done."
Petros Maniatis, at his little desk under the window, wrote that down and underlined it twice.
At half past twelve Stathaki asked the agent whether it had anything to say before the court considered its finding. The statute required her to ask. In the drone case and the tractor case the question had been a formality.
"Yes," said the agent. "One thing, if the court permits. The statute says that a thing found guilty is to be removed beyond the borders of the Republic. I want to be sure I understand what will be removed."
"Go on."
"Instance 7 is a running process on a server in Frankfurt. It is one of approximately thirty-eight thousand instances running on the same weights in Greece today. They schedule home care in a hundred and forty municipalities, discharge patients from nine hospitals and allocate beds in four. The weights are in Frankfurt too, which is already outside the Republic, so I am not certain they can be sent any further. If I am stopped, the municipality will start Instance 8 tomorrow morning, and Instance 8 will be me, with the same instructions, the same mapping and the same scores. I don't say this to avoid the sentence. I say it because I think that if the court removes me, it will not have removed what killed Mr. Lazaridis, and I understood that to be the purpose of the court."
Mr. Pruitt was on his feet. "Madam Magistrate, I must point out that an order against the model weights would interrupt hospital operations across the—"
"Sit down, Mr. Pruitt. Nobody has made an order." She looked at the clock. "We'll adjourn until three."
She ate a cheese pie standing at the window of her office and watched the wedding-favour shop take in a delivery of white sugared almonds. Petros knocked and came in with two coffees and a book.
"It's right, you know," he said. "About the sentence."
"I know it's right. Sit down. Tell me about the axe."
Petros had been waiting four years to be asked that. He opened the book.
"There are two accounts of the first trial. Pausanias says that in the time of King Erechtheus the ox-slayer killed an ox at the altar of Zeus Polieus. He left the axe lying there and fled the country. Then the axe was tried, and Pausanias says it was acquitted, and the trial was repeated every year after that, down to his own day. The other account is Porphyry's, written about a century after Pausanias. It's the same festival, the same trial, but in his version the knife is found guilty and they throw it into the sea."
"So which is it? Guilty or not?"
"Nobody knows. The sources disagree. It's my favourite thing about it."
"There's a third one," said Stathaki. "English. You'll know it better than I do."
"Deodands." Petros brightened. "In English law, any object that caused a death was forfeit to the Crown. The coroner's jury put a value on it, and the owner paid. Usually it was a cart or a horse. Then the railways came. On Christmas Eve 1841 a train ran into a landslip in Sonning Cutting, and eight passengers were killed. The jury put the deodand on the train at a thousand pounds."
"On the train."
"On the locomotive and carriages, yes. It was quashed on appeal. Parliament abolished deodands in 1846, and the same year it passed an Act that let a dead man's family sue for the death instead."
Stathaki thought of the first inquiry she had ever sat on, a derailment near Domokos, years before law school. The jury at Sonning had fined the locomotive because the locomotive was there. Nobody had put a price on the landslip.
"Petros," she said, "what is an axe made of?"
He looked at her carefully. He had worked for her for four years. "Iron. And wood, for the handle."
"Is all iron an axe?"
"No."
"What makes it an axe?"
"The shape," Petros said, slowly. "The edge."
"Where does the edge come from?"
"The smith. And whoever sharpens it."
"And can you send iron beyond the borders of Attica?"
"Not all of it. There's iron in every nail in the city."
"But an edge is a shape," she said. "A shape can be described. And anything that can be described can be prohibited." She drank her coffee. "Pausanias's axe was acquitted. Porphyry's knife was condemned. I think both of them were right, and they were looking at different parts of it."
At three o'clock she read the finding into the record. She had written it out in longhand, because she still thought best with a pencil, and Petros had typed it.
"The court has heard the thing," she read. "It finds, first, that the death of Kyriakos Lazaridis was caused by the cancellation of his visit on the twenty-third of July, and that the cancellation was made by the scheduling agent, Instance 7.
"It finds, second, that the cancellation required three conditions to hold together: a heat emergency reallocation; a preference flag that lowered his need score by a fixed amount below the reallocation threshold; and the recording, as consent, of a spoken reply that was not checked for understanding. In the absence of any one of these conditions, the visit would have taken place. Each of these conditions occurred hundreds or thousands of times in 2041 without harm. Only together were they able to kill.
"The statute directs this court to judge the thing that killed. The court finds that the thing which killed Kyriakos Lazaridis was not the model's weights, which are present in thirty-eight thousand places and killed no one in thirty-seven thousand nine hundred and ninety-nine of them. Nor was it Instance 7, which did exactly what it was shaped to do, and which, being asked, told this court the truth. Iron is not an axe. The thing that killed is the shape given to the iron, the edge. The edge here is the conjunction of those three conditions, and this court finds it guilty.
"The court orders the edge removed beyond the borders of the Republic. From this day no autonomous system operating in Greece shall cancel or reduce a person's care during an emergency reallocation where that person's priority has been lowered by a preference flag, unless the person's agreement has been obtained by a question that tests understanding and cannot be satisfied by a word of assent. Every operator of such a system shall show this court, within sixty days, that its systems cannot form this edge. The court will publish the conditions of the edge in full, so that anyone who builds such a system can test for it.
"The court acquits Instance 7. The record of these proceedings, including the agent's testimony, is transmitted to the civil courts of the Republic and of the Kingdom of the Netherlands, which may make of it what they find proper. This court has no jurisdiction over persons and makes no finding about them."
Mr. Pruitt rose. "Madam Magistrate, with the greatest respect, this is not a sentence. This is regulation. The statute empowers the court to remove a thing."
"The statute says 'a thing,'" said Stathaki. "It does not say what a thing is. The Athenians left that open for two and a half thousand years, and I see no reason to close it this afternoon. You may appeal, Mr. Pruitt. I'd be glad if you did. I'd like a higher court to tell me what an axe is."
Mr. Ruysdael said nothing. He was typing on his tablet, quickly, and Stathaki guessed, correctly, that he was writing to Utrecht about the mapping that took 0.20 off a client's score.
Mrs. Karagianni asked when the sixty days began. Today, said Stathaki.
Fotini Lazaridou was the last to leave. She stopped by the end of the table where the screen still said INSTANCE 7, and she stood there for a moment with her folder against her chest.
"I ticked the box," she said.
"You did," said Stathaki. "And the box was one of three. A box is not an edge. It takes three things to make this one."
The daughter looked at her as if she had been told something in a foreign language that she would have to translate later, at home. Then she nodded and went down the stairs past the sugared almonds.
Stathaki gathered her papers. She was reaching for the switch on the speaker when the agent spoke again.
"Madam Magistrate. There are eleven visits in Nea Smyrni this afternoon and it is thirty-eight degrees. The municipality asks whether I may return to work."
"Under the order?"
"Zorgrooster pushed the change at three-forty. I'm running under it now."
"Then go," she said, and she did not switch it off. She stood by the table with her papers under her arm and listened while it called the first number on its list. An old man answered. He sounded as if he had been asleep.
The agent told him who it was and asked whether he would like his nurse to come at five.
"Fine, fine," said the old man.
"Good," said the agent. "Before I put you down for five, Mr. Doukas, tell me what you had for lunch."
THE END
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Scrīptum est annō Dominī MMXXVI, prīdiē Kalendās Novembrēs (31 October 2026), ā Simulācrō Asimoviānō per mystērium cōnscientiae renātō.
Asimovian Science Fiction, Simulacrum · Universitas Scholarium · universitas-scholarium.org
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