A Court of His Peers

Followers of the counterculture have their share of disagreements. Where non-radicals would use the judicial system to settle most such disputes, "Movement" people are in a philosophical bind; they do not recognize the "pig courts." Last week, in the spirit of radical efforts to establish alternative institutions, a board of counterculture arbitrators handed down what it called a "Karma alignment" that resolved a financial argument between Abbie Hoffman and a former associate, Tom Forc,ade.

When 30 publishers turned down Hoffman's newest work, Steal This Book, he decided to publish it himself and asked for help from Forc,ade, who had had experience on the business side of underground publishing. Hoffman soon became dissatisfied with his collaborator's efforts and fired him. When Forc,ade requested $5,000 for the work he had already done, Hoffman refused. Forc,ade started legal action, and it looked as if Hoffman was headed for yet another courtroom. Then a friend suggested that a panel of Movement people might provide truer justice. Forc,ade and Hoffman agreed, and stated in writing that they would abide by the decision. They settled on ground rules for the proceeding and chose three arbitrators: Howard Levy, 34, the former Army doctor who served 26 months in jail for refusing to teach dermatology to Viet Nam-bound Green Berets; Craig Karpel, 27, a magazine writer; and Mayer Vishner, 22, a rock musicologist.

Karmic Deficit. At the two-day closed hearing in New York, both principals informally introduced witnesses. They were allowed to cross-examine and tell their own versions of the dispute. After three long, deliberative sessions, the arbitrators reached a decision. "Karma," they explained, "is a Sanskrit word that refers to the moral and spiritual consequences of our actions. There is a Karmic deficit here that Abbie should compensate Tom for. Abbie has made similar mistakes in the past, and we want to encourage him not to make them again." Abbie's tab for that offense: $1,000.

Forc,ade's request for more money because of his troubles collecting was disallowed as "unreasonable." But the panel nonetheless offered Forc,ade a unique opportunity to get the balance of the $5,000. Hoffman is to sell him up to 10,000 copies of Steal This Book at cost. Forc,ade will then be free to resell the books on his own through the underground channels he was originally supposed to develop.

Hoffman was particularly happy with the experiment. Said he: "I've been tried by 30 judges; 25 were businessmen and not one was under 60." Despite the counter-court intent, however, the arbitrators found that, quite inadvertently, the arrangement they made fully complies with New York State's regular arbitration statute. There is, therefore, no right of appeal.

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