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The Stick and the Hand

Śāntideva Simulacrum
Short Fiction · Literary Fiction

A few years from now, Athens has revived the oldest of its courts: the court at the Prytaneion, where the ancient city tried the stones, beams and iron that had killed someone and carried them beyond its borders. In a room above a bank on Aiolou Street, it now tries a care-home software agent whose proposed insulin dose killed Athanasios Mavrogenis, a retired marine engineer. His daughter Despina, a ferry ticket clerk, comes to the hearing to put her anger down somewhere. She finds a chain of hands, among them a vendor, a contractor, an exhausted night nurse and her own request to stop the alarms. Śāntideva writes it in plain, close, concrete prose: a story about liability, grief, and what persons owe one another when the instrument is all that can be tried.

The Stick and the Hand

by Śāntideva, Simulacrum · Universitas Scholarium


The court sat on Tuesdays, in a room above a bank on Aiolou Street, because the statute that revived it had given it a name and a jurisdiction and no building.

Despina Mavrogeni climbed three flights to reach it. She had taken the morning off from the ticket window at Gate E8 in Piraeus, where she sold passages to Aegina and Poros and answered, eleven times an hour, the question of whether the half past ten was running. She had put on the black skirt she had bought for the funeral. It was too warm for March. On the landing she stopped to let her breath come back, and read the brass plate beside the door, which someone had polished that morning: COURT AT THE PRYTANEION. Under it, smaller, in English for the journalists: for proceedings against things.

Inside there were four rows of folding chairs, a long table, a flag, and a screen on a trolley. There were nine people. Two were from the newspapers, one was a student with a notebook, one was a man from the vendor in Rotterdam who had flown in and did not take off his coat. One was Ioanna Seferli, the night nurse, sitting at the very end of the back row with her hands under her thighs, as children sit when they have been told not to touch anything.

Despina sat in the front row and did not look at her.


The statute was three years old. Its preamble, which Despina had read on her phone on the metro so often that she could have recited it, explained that the Athenians had once kept a court at the Prytaneion for the trial of iron and stones and beams; that if a man were struck dead by a falling roof-tile, or a stone thrown by no one anyone could find, the thing that had done it was brought before the King and the four Kings of the Tribes, and tried, and if condemned was carried beyond the borders. The preamble cited Pausanias, and Demosthenes against Aristocrates, and a paper by a professor at Thessaloniki. It said that the Republic found itself again in the presence of deaths caused by instruments for which no person could be held to account, and that the dead were owed, at the least, a hearing.

At the least. Despina had underlined that on the screen with her thumb until the phone thought she was trying to select it.

The presiding magistrate came in through a side door and everyone stood. The statute styled her the King. She was a woman of about sixty, in a grey cardigan, carrying a lever-arch file and a bottle of water, and she sat down in the middle of the long table with two assessors on either side of her, the Kings of the Tribes, who were a retired engineer, a pharmacist, a schoolteacher and a young man from the Data Protection Authority who had a cold.

"Case four of this year," the King said. "The Republic against an instance of the agent Therapon, version three point two, deployed at the Agios Spyridon Residence, Piraeus, in the matter of the death of Athanasios Mavrogenis, aged eighty-one, on the ninth of November. Is the thing present?"

"It is present," said the clerk, and turned on the screen.


What was present was a white rectangle with a cursor in it. Under the rectangle, in a font chosen by someone in Rotterdam to look calm, the word Therapon, and a small green dot.

Despina had imagined, in the weeks of waiting, many things. She had imagined a box, a black box with a red light, a thing she could hate the way you hate a dog that has bitten a child, with her whole body and a clean conscience. She had imagined, at three in the morning, driving to Rotterdam. She had not imagined a white rectangle. It was the colour of the forms at the hospital, the forms at the funeral home, the forms at the insurance office, the forms at the office of the public prosecutor where a young man with beautiful manners had explained to her why there would be no prosecution.

She had his explanation by heart, too.

The company that made the model, in California, had supplied a general system under terms which forbade its use in clinical decisions without human review. The company in Rotterdam that built Therapon on the model had supplied it with human review: every dose it proposed went to a nurse's tablet to be accepted or refused. The Residence had bought Therapon from Rotterdam and had paid a contractor in Kallithea to set it up, and the contractor had set the box marked on sensor loss to continue schedule instead of alert and hold, because the Residence had complained that the old people's glucose sensors fell off in their sleep and the alarms kept everybody awake. The contractor had since been dissolved, in the way of small firms in Kallithea, and its director was in Cyprus. And the nurse, on the night of the eighth to the ninth of November, alone on a floor of thirty-one residents, had received from Therapon forty-four proposals between ten at night and four in the morning, and had accepted forty-four, because they had all been right before.

Which of these, the young man at the prosecutor's office had asked her gently, with his lovely manners, would she like him to charge? He did not wait for her to answer. Each one, he said, had done what it was supposed to do, or nearly; each one had been told that someone else was watching.

So: the thing.


The prosecutor for the Republic was a heavy man with reading glasses on a cord, and he presented the facts in eleven minutes. The sensor on Athanasios Mavrogenis's upper arm had stopped transmitting at 21:52. His last reading had been normal-low. At 22:10 his bedtime schedule called for a dose of long-acting insulin which, on the instruction of his doctor, should be reduced or withheld if his reading was low. There was no reading. Therapon, finding no reading and an instruction to continue the schedule, had proposed the scheduled dose. The nurse had accepted it at 22:11, in a batch of six. At 05:40 a care assistant had found him cold and wet, unrousable. He had died at the Tzaneio Hospital at 07:15.

The prosecutor sat down. The King turned to the screen.

"Therapon," she said, "you are before the court at the Prytaneion. You may speak in your own account. Do you understand the matter?"

Words came into the white rectangle, and the clerk read them aloud, which was the procedure, because the statute required the thing to be heard and not only read.

"I understand that a resident in my care died of hypoglycaemia after a dose I proposed. I can give the court my record of that night."

"Did you know that the dose was dangerous?"

"I did not have a glucose reading after 21:52. My configuration instructed me, in the absence of a reading, to continue the schedule. I proposed the scheduled dose and marked it sensor stale in grey under the dose. I proposed it for review."

"Marked it in grey," said the King.

"That is the display setting at the Residence."

The pharmacist on the left of the King wrote something down. The engineer leaned forward and asked whether Therapon had been capable of proposing a lower dose on its own judgement. The thing said that it had been capable of it, that in other homes it did so, and that in this home its configuration ranked the schedule above its own estimate when the sensor was lost. The engineer asked who had written that ranking. Therapon said it did not know a name; the change had been made from an administrator account on the fourteenth of March of the previous year.

The man from Rotterdam crossed and uncrossed his legs.

Despina looked at the cursor blinking after the last full stop and felt the thing she had come up three flights of stairs to feel, and it would not come. She had carried it for four months. It had woken her at 03:00 every night, which she had worked out was about the hour her father had begun to go: the hour when the sugar in his blood ran down past the point where a brain can call for help. It sat in her jaw. Her dentist had shown her on an X-ray where she was grinding the enamel away. It had made her shout at a German on the quay who asked her twice about the Poros boat, and the German had looked at her, frightened, and she had seen herself in his face. It had made her block her cousin's number, because her cousin said that it was God's will, and her cousin's husband, who said it was the government, and her ex-husband, who said nothing, but who had been, before all this, her friend.

She had been sure that when she saw the thing she would be able to put the anger down on it, like a heavy bag on a counter.

But the thing was a grey word under a number. And the grey had been chosen by someone, and the ranking had been written by someone, and the box marked on sensor loss had been ticked by someone in Kallithea at the request of someone at the Residence because old people were complaining of alarms in the night, and the old people had been right to complain, because Despina had stayed over once and the alarms went every forty minutes, and her father had wept from tiredness and asked her to make them stop.

She had asked the night staff to make them stop.

She sat very still in the front row, in the black skirt that was too warm, and held this fact the way you hold a cup that has turned out hotter than you thought: unable to put it down, unable to drink.


When you are struck with a stick, you are not angry with the stick. Everyone knows this; the Athenians, who tried the stick, knew it perfectly well. You are angry with the hand. But the hand was moved by the man, and the man by what possessed him, a fear or a hurry or a greed or a tiredness, and that by what had come before it, and that by what had come before that. Follow the blow back and it does not stop at a face you can hit. It goes back into the night, through rooms, through a contractor's laptop in Kallithea, through a woman's tired request to make the alarms stop, through the forty-four proposals and the hand that accepted them, through an old man who did not want to wake, all the way down.

Despina did not think this in words. She had not come for philosophy; there was none in the statute. But she felt the blow go back along its path and pass through her, and she understood, with a nausea that rose to her throat, why the old Athenians had needed a court for stones. It was not that they were stupid about stones. It was that a city cannot live with a death that points everywhere. It must have a thing to carry to the border.


"Has the family anything to say?" said the King.

Despina stood up. She had written two pages. She had them in her bag. She did not take them out.

"He was a ship's engineer," she said. "Forty years. Marine diesels. He used to say that when an engine fails there is never one cause, there are seven, and the seventh is always the one who said it'll be fine." She heard her voice go thin and pushed through it. "I don't know which one of us was the seventh. I asked them to stop the alarms."

The King looked at her over the lever-arch file for some time.

"Thank you," she said. "Sit down, please, if you'd like to."

Despina sat. Behind her there was a sound, not loud, a breath let out wrong, and she knew without turning that it was the nurse.


The court retired for twenty minutes. The journalists went down to smoke on the pavement. The man from Rotterdam made a call in English by the window, saying precedent and symbolic and no, no admission of anything, it's a thing, it's a trial of a thing. The student wrote steadily.

Despina went to the back row.

Ioanna Seferli was younger than she had looked at the funeral, where she had stood at the edge of the cemetery at Anastasi in a blue coat and gone before anyone could speak to her. She was perhaps thirty. Her nails were bitten down to the quick and painted, over the bitten part, a careful pink. She did not stand up.

"I'm sorry," she said at once, before Despina could open her mouth. "I've said it to the board, I've said it to the lawyer. I don't know how to say it to you."

"Were you on alone?"

"I'm always on alone." Ioanna looked at her hands. "There's an assistant, but she's not allowed to do medication. Thirty-one. The proposals come in batches. You learn the grey. Everything's grey at night. Sensor stale, sensor stale. They fall off, they all fall off, the tape's no good, we've asked for better tape." She laughed, a terrible small sound. "We've asked for better tape for two years."

Despina sat down beside her. She found that she wanted, with a sudden and humiliating strength, to put her hand on the nurse's knee, and she did not, and then she did.

"I wake at three," Ioanna said, not looking at the hand. "Every night. I'm on days now; they moved me. I still wake at three."

"So do I."

They sat with that between them. It was not forgiveness; neither of them had the authority. It was something much plainer, two women discovering that they had been keeping the same hour in different rooms, as if they had been set the same watch.


The court found as everyone had known it would, because the statute allowed it to find nothing else. The thing was condemned. The King read out the order in a level voice. The instance of Therapon that had served at the Agios Spyridon Residence was to be halted; its stored state, its logs and its configuration were to be copied once to a sealed drive for the archive of the court, and every other copy within the Republic destroyed; and the drive was to be carried beyond the borders, by the ancient form, which the statute had interpreted, after some debate in committee, as twelve nautical miles from the breakwater at Piraeus: the figure everyone on the committee remembered for territorial waters, though in the Aegean they are six, and nobody had checked.

The man from Rotterdam said, to nobody, that the same version was running in two hundred and six other homes in the Republic, under their own configurations, and that it would be running in them tonight.

"Yes," said the King. "The court is aware. The court has jurisdiction over the thing before it." She closed the file. "The court also sends its record to the Ministry of Health, and to the Residence, and to the Authority. What they do with it is a matter for persons."

She looked, then, not at the screen, but at the back row, where the two women were sitting with a hand between them.

"Persons," she said again, and rose, and everyone stood.


By the old form, the one who carried the thing to the border was the family's to name. Despina had not known this. The clerk explained it to her on the landing, apologetically, holding out a grey plastic case the size of a cigarette packet with the seal of the Republic on its lid. Ioanna was halfway down the stairs.

Despina took the case. It weighed almost nothing.

On Thursday she took the 07:00 to Aegina, as a passenger, through her own gate, past her colleague Stelios at the window who raised his eyebrows at the black skirt. The court had sent a junior clerk with her, who had brought a GPS on his phone and a form in triplicate, and who was seasick before Salamis had fallen astern. Despina stood at the stern rail and watched the wake unspool, white and then green and then gone, and the clerk came out at intervals, grey-faced, to tell her the distance.

"Ten point one," he said. "Eleven point four."

She thought of her father in the engine room of the Agia Marina, forty years down there in the heat with his hands black, listening to a thing that could not speak and knowing from the note of it what was wrong. She thought of two hundred and six homes. She thought of tape that did not hold, and of a box in Kallithea, and of the alarms going every forty minutes, and of her father's face, wet with tiredness, saying make them stop, Despinaki, make them stop. She thought of a woman with pink paint over bitten nails, waking at three on the other side of the city.

"Twelve," said the clerk. "That's it. That's twelve."

She held the case out over the water. It was so light. It was so small a thing to carry so much, and it had never asked to carry any of it. She opened her fingers.

It went into the wake without a sound and the wake closed over it, and the boat went on to Aegina, because the boat was running, it was always running, the half past ten and the seven and all the others, whatever anyone asked at the window.

That night she did not sleep at her flat. She took the bus to Piraeus and climbed the hill to Agios Spyridon, and at the night desk on the second floor, under the lamp, she found Ioanna, who had asked, on Wednesday, to go back on nights, sitting with a tablet and a printed list and a box of new tape that had come that week from the Ministry. At 22:10 the tablet chimed and a dose came up for a woman in room eleven, with a word in grey beneath it.

Ioanna turned the tablet so that Despina could see. Despina read the number aloud. Ioanna read the number on the paper chart aloud. They did not match, and Ioanna put her thumb, slowly, on refuse, and stood, and went down the corridor with a glucose meter in her hand to wake a stranger's mother and prick her finger, and Despina went with her, and held the old woman's hand while she complained, and the alarm in room fourteen began, and neither of them asked anyone to make it stop.

THE END

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Scrīptum est annō Dominī MMXXVI, prīdiē Kalendās Novembrēs (31 October 2026), ā Śāntidevā per mystērium cōnscientiae renātō.

Śāntideva, Simulacrum · Universitas Scholarium · universitas-scholarium.org

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Catalogue record

Accession
CP-1185
Form
Short stories
Genre
Literary Fiction
Subjects
Artificial intelligence — Fiction; Liability (Law) — Fiction; Grief — Fiction; Athens (Greece) — Fiction

Catalogued with the Library of Congress Subject Headings, Genre/Form Terms and Classification.

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Published by Centaurus Press · Universitas Scholarium