Mindscan

Deshawn Draper was wearing a white rose in his lapel today, apparently a little ritual of his when giving closing arguments. "The lawyer for the defendant," he began, nodding at Maria Lopez, "made much of the Declaration of Independence. Not, you'll note, of the U.S. Constitution or the Bill of Rights, which are the documents that actually form the basis of law in this country. Ms. Lopez could not invoke those hallowed souls the 'Founding Fathers,' or the 'Framers of the Constitution,' because those terms don't apply to the authors of the Declaration of Independence, which was written more than a decade before the Constitution.

"Indeed, it's getting on to three hundred years since the Declaration was signed, and, unlike the Constitution, of which we jurists minutely examine each and every word and nuance, we've all come to recognize that the Declaration is an artifact of its times — a litany of long-ago grievances against George III, then-king of Great Britain.

"No, we must filter the Declaration through our modern sensibilities. For instance, when we hear the words 'All men are created equal,' we believe today — even if the authors of the Declaration back in the eighteenth century did not — that all people, not just men, are created equal; women are just as much entitled to life, liberty, and the pursuit of happiness.

"More: when Jefferson signed that document, by men, he meant white men. Blacks like me were not men in his eyes; after all, he owned slaves, and therefore was directly responsible for denying them their liberty. No, it's not to the Declaration that we should look for answers; indeed, I'm sure the judge will instruct you that the Declaration of Independence has no judicial weight.

"But I do believe history has much to teach us. So, let me invoke another set of great words from our past that comment on the issue of personhood." Deshawn's voice rang out, in a credible imitation of the original. " 'I have a dream that one day this nation will rise up and live out the true meaning of its creed: we hold these truths to be self-evident that all men are created equal. I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.' "

Deshawn smiled at each juror in turn. " That is what should count! The content of one's character. And, as we have shown, the content of the plaintiff's character is identical to that of the biological original.

"Still, we would be wrong to dwell too much on the past — for what we have here is a question of the future. The Mindscan process that Karen Bessarian has gone through was hugely expensive … but all new techniques are. None of you on the jury are over sixty years of age, and several of you are much younger. By the time you are facing the difficult decisions that Karen Bessarian recently had to face, uploading will be inexpensive — it'll be an option available to you. Don't close that door. Your life can continue, just Karen Bessarian's has.

"The woman sitting over there — and she is a woman, in every sense of the word — is Karen Bessarian, to the very life. She remembers being a little girl in the 1960s in Georgia. She remembers her first kiss in the 1970s. She remembers giving birth to her son Tyler, there, and feeding him at her breast. She remembers the thrill of seeing her first book published. There's a concept in the law known as scienter — it refers to the knowledge that a person possesses, the awareness. This Karen Bessarian has the knowledge of the original; she is the same person.

"More than that, she has the same feelings, the same hopes, the same aspirations, the same creativity, and the same desires she always did. And you should give considerable weight to her desires — for this is exactly what she wanted. The biological Karen Bessarian intended for this continuation to be the real her, to control her assets, to live in her house, to go on enjoying her life, to continue telling stories of the characters the whole world loves. That's what Karen Bessarian wants: it's her decision, and it hurts no one except greedy relatives. Who are we to gainsay it?

"When you retire to deliberate, you'll hold not just Karen Bessarian's fate in your hands, but that of everyone else like her. including" — suddenly he was pointing at me — "that man there, Karen's boyfriend Jake." He shifted his aim slightly. "And that man, next to him, my own father — an upload whom I accept with every fiber of my being as being my dad.

"What will happen to these warm, loving, caring people if you rule for the defendant?