Legal Rites

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"Legal Rites"
Weird Tales September 1950.jpg
Author Isaac Asimov
Country United States
Language English
Genre(s) Fantasy
Published in Weird Tales
Publication type Periodical
Media typePrint (Magazine, Hardback & Paperback)
Publication dateSeptember 1950
Followed by"Time Pussy"

"Legal Rites" is a fantasy short story by American writer Isaac Asimov, originally published in the September 1950 issue of Weird Tales , and included in the 1972 collection The Early Asimov .

Fantasy genre of literature, film, television and other artforms

Fantasy is a genre of speculative fiction set in a fictional universe, often inspired by real world myth and folklore. Its roots are in oral traditions, which then became literature and drama. From the twentieth century it has expanded further into various media, including film, television, graphic novels and video games.

Short story Brief work of literature, usually written in narrative prose

A short story is a piece of prose fiction that typically can be read in one sitting and focuses on a self-contained incident or series of linked incidents, with the intent of evoking a "single effect" or mood, however there are many exceptions to this.

Isaac Asimov American science-fiction and non-fiction writer

Isaac Asimov was an American writer and professor of biochemistry at Boston University. He was known for his works of science fiction and popular science. Asimov was a prolific writer who wrote or edited more than 500 books and an estimated 90,000 letters and postcards. His books have been published in 9 of the 10 major categories of the Dewey Decimal Classification.

Contents

Background

Written in June 1940, the story is fantasy rather than science fiction and based on an idea from Asimov's friend Frederik Pohl. After John W. Campbell of Unknown rejected "Legal Rights" in July, Asimov gave it to Pohl, who rewrote it (using the name James MacCreigh) and renamed it "Legal Rites", which Asimov agreed was a much better title. He sold it seven years later to Weird Tales which published it in September 1950, after Asimov had forgotten about it. [1]

Frederik Pohl American science fiction writer and editor

Frederik George Pohl Jr. was an American science-fiction writer, editor, and fan, with a career spanning more than 75 years—from his first published work, the 1937 poem "Elegy to a Dead Satellite: Luna", to the 2011 novel All the Lives He Led and articles and essays published in 2012.

John W. Campbell American science fiction writer and editor

John Wood Campbell Jr. was an American science fiction writer and editor. He was editor of Astounding Science Fiction from late 1937 until his death and was part of the Golden Age of Science Fiction. Campbell wrote super-science space opera under his own name and stories under his primary pseudonym, Don A. Stuart. Campbell also used the pen names Karl Van Kampen and Arthur McCann. His novella Who Goes There? was adapted as the films The Thing from Another World (1951), The Thing (1982), and The Thing (2011).

<i>Unknown</i> (magazine) US pulp fantasy magazine published from 1939 to 1943

Unknown was an American pulp fantasy fiction magazine, published from 1939 to 1943 by Street & Smith, and edited by John W. Campbell. Unknown was a companion to Street & Smith's science fiction pulp, Astounding Science Fiction, which was also edited by Campbell at the time; many authors and illustrators contributed to both magazines. The leading fantasy magazine in the 1930s was Weird Tales, which focused on shock and horror. Campbell wanted to publish a fantasy magazine with more finesse and humor than Weird Tales, and put his plans into action when Eric Frank Russell sent him the manuscript of his novel Sinister Barrier, about aliens who own the human race. Unknown's first issue appeared in March 1939; in addition to Sinister Barrier, it included H. L. Gold's "Trouble With Water", a humorous fantasy about a New Yorker who meets a water gnome. Gold's story was the first of many in Unknown to combine commonplace reality with the fantastic.

It is one of several Asimov stories that center about a courtroom drama, such as "Galley Slave".

Galley Slave short story

"Galley Slave" is a science fiction short story by American writer Isaac Asimov, originally published in the December 1957 issue of Galaxy; it was later included in the collections The Rest of the Robots and The Complete Robot. Asimov identified it as his favorite among those of his robot stories featuring the character of Susan Calvin.

Plot summary

Russell Harley travels to an isolated part of the American South-West to take possession of his inheritance, a ramshackle house known as Harley Hall, willed to him by his late uncle Sebulon Harley. Finding that the house is apparently haunted by a ghost, he flees in terror.

In a bar, he is accosted by a mysterious stranger known only as Nicholls, who persuades Harley to let him place magical paraphernalia in and around the house in an effort to control the ghost.

The ghost visits a lawyer, claiming to be the spectre of Henry (Hank) Jenkins who shared the house for many years and now claims squatters' rights. Despite attempts to mediate, the case comes to court.

Harley's lawyer disputes the claimed legal rights of the ghost and demands evidence that the ghost is actually who he claims to be. Under the pressure of the proceedings, Harley breaks down and admits that he did know of the presence of the ghost and therefore is willing to clear out of the house. The judge of course finds for the plaintiff.

At the conclusion of the case, Nicholls commiserates with Harley and his lawyer. He points out that the precedent now set means that ghosts in the state and the whole of the United States now have legal rights to haunt houses. Having said this, he simply vanishes - he was a ghost himself.

In common law legal systems, precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as stare decisis. Common-law precedent is a third kind of law, on equal footing with statutory law and delegated legislation or regulatory law.

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References

  1. Asimov, Isaac (1972). The early Asimov; or, Eleven years of trying. Garden City NY: Doubleday. pp. 356–357.

The Internet Speculative Fiction Database (ISFDB) is a database of bibliographic information on genres considered speculative fiction, including science fiction and related genres such as fantasy fiction and horror fiction. The ISFDB is a volunteer effort, with both the database and wiki being open for editing and user contributions. The ISFDB database and code are available under Creative Commons licensing and there is support within both Wikipedia and ISFDB for interlinking. The data are reused by other organizations, such as Freebase, under the creative commons license.

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