
The Probability Broach, chapter 24
When we left off, Win Bear’s ignorance had indirectly caused the villains of TPB to blow themselves up. The Hamiltonian plot is foiled; no nuclear bombs or invading armies are coming through the portal; the North American Confederacy is saved. Happy ending, ticker-tape parade, et cetera.
But wait a minute. There’s a problem that L. Neil Smith glides right past.
As we read earlier in the book, if a Probability Broach closes when an object is partway through, you get a big explosion on both ends. The size of the explosion depends on the mass distribution of the object. Depending on how much mass there is, it could be into the megaton range.
Win and his friends were on the smaller side of the blast, so they escaped with only minor injuries:
The explosion in Auraria was a mild summer breeze compared to what had happened across the river. Clarissa and I were last out of the building, and escaped with mostly minor scrapes and flash burns. She lost the back half of her coveralls, and, sadly, a lot of her beautiful hair. Protecting her eyes, I got a little careless about my own, so I am now sporting a rakish eyepatch until they clone me a transplant.
At least Lucy says it’s rakish.
But if the explosion on the other side was much bigger, what happened to the innocent people who were living next to the Hamiltonians’ hideout? Does Win feel any guilt about that?
Fortunately for his protagonist, Smith has an answer to this:
The Saint Charles Town explosion left a crater a hundred yards across. Of Madison and his people, we never found so much as a shirt button. Their hideout was an isolated building in the middle of an abandoned buffalo feedlot. I was grateful for that, although neighbors who had to shovel themselves out from under several kilotons of bison flops weren’t quite so happy.
This convenient coincidence spares Win from having innocent deaths on his conscience. However, we can infer he wouldn’t have been too bothered either way. He holds the misanthropic attitude common to libertarians, as we see when he speculates about what would have happened if the Hamiltonians had made contact with his world and the explosion had taken place there instead:
It could have been worse. The coextant point in Denver is a densely populated area, the four-hundred block of East Eighth Avenue. Thousands might have died, even some who didn’t deserve to.
With these lines, Smith figures he’s disposed of the problem. But he didn’t. There’s a loose end he’s forgotten to tie up.
Even if no innocents were killed in the explosion, Madison and his confederates certainly were. Are there any legal ramifications for that? There must have been an investigation into what caused it. Does Win have to face criminal charges or answer to a tribunal?
Smith’s implicit assumption is that the Hamiltonians were bad guys and no one mourns them, so no one would care that Win effectively murdered them by sabotaging their technology. But that’s not true. People have rights in the North American Confederacy, remember?
In fact, they take those rights so seriously that the entire Continental Congress voted to disband in the face of a looming invasion, because thwarting the plot would require violating individual rights and they don’t do that no matter the stakes. If the Congress was unable to take action against Madison for that reason, why doesn’t Win get in trouble for doing the thing they refused to do?
Perhaps most people don’t like the Hamiltonians, but Madison should have had some next of kin. Even if he had no relatives, he must have had other ideological allies in the world who would care that he was dead. In the very last resort, one of those professional civil liberties groups that represent people with no other representation should have looked into it. There should have been someone to lay charges against Win.
As Smith said in an earlier chapter, the NAC’s law requires criminals to make restitution to their victims. If you commit an “irrevocable crime, like murder” for which restitution is impossible, then you get ostracized from civilization and either accept lifelong exile to the asteroid mines or else face death by starvation.
So, why doesn’t Win face any punishment? True, he didn’t cause the explosion singlehandedly, but he definitely played a part in it (the legal system calls this comparative fault). If it’s not murder, it’s manslaughter at the very least. Why isn’t he being sent to the asteroids?
It would be one thing if Smith wrote that there was an investigation and Win was acquitted. But he doesn’t. Just as in the earlier scene where Win tortured a prisoner—and, again, should have faced punishment for that under the NAC’s laws, but didn’t—the author takes it for granted that his protagonists are exempt from consequences.
I doubt that Smith noticed this inconsistency, which is a telling piece of evidence for what he really cares about. His overriding belief, like many other conservatives, is that laws should only apply to the outgroup, not to people like him and to those he cares about. He proves it in his own novel, going to great effort to describe a society where everyone’s rights have ironclad protection, then showing people flagrantly violating those rights but facing no consequences for doing so. This dangerous hypocrisy is an object lesson in why people with this ideology should never get to exercise power in the real world.
New reviews of The Probability Broach will go up every Friday on my Patreon page. Sign up to see new posts early and other bonus stuff!
Other posts in this series:





