Modus Vivendi

In Short

Set in a near-future metropolis where human telepaths, telekinetics, and hallucinators face harsh legal and social persecution, Walter Bupp’s 1961 science fiction novella Modus Vivendi follows defense attorney Pete Maragon as he navigates a high-stakes legal trap. Appointed to represent a young woman falsely accused of possessing a dangerous psychic ability, Maragon must maneuver around corrupt political factions, skeptical legal peers, and secret psychic cabals. To save his client and preserve his own hidden secret, Maragon is forced to forge an uneasy compromise between two hostile populations that are rapidly heading toward an unavoidable clash.

The Story

The story opens in a bustling, high-tech city where people displaying "Stigma"—parapsychological powers such as telepathy (TP), telekinesis (TK), or hallucination (HC)—are monitored, marginalized, and hunted by authorities. Attorney Pete Maragon is approached by Horace Dunn, a political operator attempting to unseat Judge Vito Passarelli. Passarelli recently acquitted a psychic named Mary Hall on bank fraud charges, and Dunn wants Maragon to locate Mary so she can be publicly exposed, tarnishing the judge's reputation before the upcoming election.

Maragon, acting out of professional self-preservation, uses his contacts in the psychic underground to track Mary down. With the help of Keys Crescas, a charismatic telekinetic locksmith whom Maragon previously defended, he travels to a hidden apartment in Greenwich Village. There he meets Mary Hall alongside Elmer, a muscular telekinetic. Mary claims that she is not a psychic at all, but merely a clever sleight-of-hand artist who used simple misdirection to fool a bank teller.

Determined to clear her name using logic and standard law, Maragon arranges a controlled laboratory test with Professor Lindstrom to prove Mary’s abilities are mundane. However, the test reveals a shocking truth: Mary actually does possess the extremely rare, feared power of projection and hallucination, using it to trick the observers into seeing whatever she wishes. Furthermore, Maragon discovers that Judge Passarelli and the social work bureaucracy are conspiring to keep Mary in legal jeopardy, aiming to force her into a state-run program designed to suppress psychic traits and isolate psychics from broader society.

Caught in the middle of a political war, Maragon bluff-creates a fictional underground organization called "The Lodge"—a secret, disciplined order of psychics dedicated to keeping their powers hidden and policing their own members to prevent open conflict with ordinary humans. To enforce control over Elmer and persuade Keys and Mary to go along with the scheme, Maragon reveals his own carefully guarded secret: he is himself a powerful telekinetic who has successfully passed as a non-psychic for his entire professional life.

Armed with this leverage, Maragon confronts Judge Passarelli in his chambers. The judge reveals that he had already suspected Maragon's true nature and engineered the entire legal crisis to force a competent psychic defender into the open. Recognizing that psychics represent the future of human evolution and cannot simply be eradicated, Passarelli agrees to drop the prosecution if Maragon uses his new "Lodge" to police the psychic community. With a clever psychic trick employed to return the stolen bank money, Maragon and Passarelli establish an unwritten truce—a practical modus vivendi—allowing both sides to co-exist in secret peace.

How It Unfolds

The legal trap is set Horace Dunn confronts Pete Maragon and his law partner Mike Renner, pressuring Maragon to track down missing suspect Mary Hall to ruin Judge Passarelli’s re-election campaign.

Contacting the underground Maragon meets with Keys Crescas, a telekinetic locksmith, and travels to a secret hideout in Greenwich Village where psychics gather to play telepathic jazz and hide from the law.

The test at the lab Maragon takes Mary Hall to Professor Lindstrom's laboratory to scientifically prove she lacks psychic traits, only to discover she possesses a rare power to project real hallucinations.

Partnerships unraveling Mike Renner learns of Maragon’s private dealings with Judge Passarelli and angrily dissolves their law firm, leaving Maragon isolated and without a formal legal practice.

Secrets revealed Maragon gathers Mary, Keys, and Elmer in his apartment, invents a secret psychic "Lodge," and reveals his own hidden telekinetic powers to force their obedience and protect Mary.

Striking the bargain Maragon exposes his powers to Judge Passarelli, who admits he arranged the situation to force a secret compromise between ordinary humans and the emerging psychic population.

The People

• Pete Maragon: A sharp-tongued, weary defense attorney who works hard to hide his own telekinetic abilities behind a gruff exterior. He wants to maintain his legal practice and protect innocent people, ultimately choosing to risk his status to forge a safe future for psychics.
• Mary Hall: A young woman accused of bank fraud who initially hides her rare ability to create visual hallucinations behind claims of simple sleight-of-hand. She wants to avoid state-sanctioned isolation and prison.
• Judge Vito Passarelli: An ambitious yet pragmatic judge running for re-election. He wants to avoid political scandal while seeking a practical strategy to manage the growing population of psychic citizens without resorting to cruel suppression.
• Keys Crescas: A romantic, street-smart telekinetic known for his lock-picking abilities. He is protective of fellow psychics and deeply suspicious of non-psychic authorities, serving as Mary’s primary guardian.
• Mike Renner: Maragon's opportunistic law partner who prioritizes corporate prestige, billable fees, and firm reputation over public defense or political risks.
• Elmer: A hot-tempered, physically powerful telekinetic from the South who uses his minor psychic strength to bully others until Maragon puts him in his place.

In Its Own Voice

"The swift ride down to the Village was long enough to induce that odd motion-hypnosis so common in night flight over a metropolitan area."

Maragon describes traveling through the neon-lit urban sky via flying taxi on his way to meet the psychic underground.

"I know Psixieland when I hear it, Miss Hall. Don't tell me that wasn't telepathic jazz."

Maragon confronts Mary after listening to a ensemble of telepathic musicians playing perfectly synchronized extemporaneous music.

"Remove young Psis from the Psi society--cut them loose from their natural contacts, force them to quit using their powers."

Judge Passarelli explains the aggressive policy pushed by state social workers to dismantle psychic culture and enforce assimilation.

What It's Really About

Beneath its noir-inflected science fiction setup, Modus Vivendi explores the friction generated when a dominant majority faces an emerging, fundamentally different minority population. The story wrestles with social intolerance, state overreach, and the ethic of forced assimilation—represented by institutional efforts to "sterilize" psychics by severing their cultural bonds. Through the legal maneuverings of Maragon and Passarelli, the narrative argues that total suppression is impossible when dealing with natural human variation. Instead of total victory or total exclusion, the survival of a complex society depends on pragmatism, mutual concessions, and an unwritten, flexible arrangement that allows distinct groups to live alongside one another without open warfare.

Why Read It Today

Modus Vivendi offers a fast-paced blend of mid-century court drama and classic science fiction world-building. Readers who enjoy mid-century urban atmospheres, sharp dialogue, and pragmatic protagonists will appreciate Pete Maragon’s unsentimental approach to legal battles and secret powers. The story moves with efficiency, substituting melodramatic action for tense conversations in smoke-filled offices, laboratory demonstrations, and private chambers.

The narrative carries clear reflections of its 1961 magazine origins, featuring retro-futuristic touches like flying copters alongside period legal slang and traditional gender roles. However, its core conflict remains relevant: it directly addresses how legal systems handle minority groups that the broader public fears or misunderstands. Readers willing to engage with its brisk, mid-century prose style will find a thoughtful exploration of political compromise, civil liberties, and the practical compromises required for peaceful coexistence.

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