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The Technology of Law and The Law of Technology - Part IV

Sam Vaknin, Ph.D. - 4/24/2006

Dear RCM,

It is always such a gift to receive your letters. They provoke in me uncontrollable floods of thoughts which I can rarely capture by putting pen to paper (yes, I blush in admitting to such retro devices...

Mankind is coming back a full circle - from ideograms through alphabet to ideograms. Consider computers. They started as pure alphabet beasts. I recall my programming days with ASSEMBLY, COBOL and PL/1 on a clunky IBM 360 and later, IBM 370. We used Hollerith punch cards. It was all very abstract and symbol-laden. The user interface was highly formal and the formalism was highly mathematical. Computers were a three-dimensional extension of formal logic which is the set of RULES that govern mathematics.

Then came the Macintosh and its emulation, the windows GUI (Graphics User Interface). I remember geeks and hackers sneering at the infantilism and amateurism of it all. Taming your computer by lashing DOS commands at it was still the thing to do. But, gradually, we were all converted. Today, the elite controls both the alphabet (machine and high level programming languages) and the ideograms (GUIs) - the masses have access only to the ideograms. But it seems that the more widespread the use of the ideograms (graphic interface operating systems and applications), the "wiser" (self-learning, self-diagnosing, self-correcting) they become - the less needed, indeed, the more obsolete the elite is. Finally, it will all be ideograms, the "alphabet" buried under hundreds of layers of graphics and imagery and accessible only to the machine itself.

It is then that we should begin to lose sleep. It is when ONLY the machine has access to its alphabet that we, humans, will find ourselves at the mercy of technology. Having access to one's alphabet is possessing self-consciousness and intelligence (in the Turing sense). Don't misunderstand me: self-awareness and intelligence can be perfectly mediated through images. But access to an alphabet and to the RULES of its meaningful manipulation is indispensable to survival, at least to the survival of intelligence. By "meaningful" I mean: generating a useful and immediately applicable representation of the world, of ourselves and of our knowledge about the world, ourselves and our interactions with the world. When no longer capable of generating such meaningful representations (because technology has hidden our alphabet - the RULES - from our sight) - that day, technology, philosophy and law-making will be one and the same and humans will have no place in such a world - at least, they will have no MEANINGFUL place in it.

It is false that science generates technology - the reverse has always been true. All the big and important technological advances, the Promethean breakthroughs - were achieved by ENGINEERS and technicians, not by scientists. Engineers manipulate the world - scientists manipulate rules, the laws of nature. What computers did is MERGE this two activities and make them indistinguishable. Writing a new software application is both composing rules and engaging in technology. This is because the substance upon which technological innovation is exercised is no longer MATERIAL. Both technology and laws deal with INFORMATION now. This is the convergence of the real and the abstract, the Platonic ideal and its inferior shadow, matter and energy. It is no less revolutionary than E=MC2.

So, technology leads science. Both technology and science start with images. Kekula dreamt the structure of the Benzen molecule, Einstein envisioned the geometry of space and so on. But, in the past, technology ended up generating objects - while science ended up generating rules and embedding them or expressing them in formalisms. The big revolution of the second half of this passing century is that now both science and cutting age technology produce the same: rules, formalisms, abstract entities. In other words: information and its manipulation - RULES - have become the main product of modern society. Some of the output is hard to classify as rules. Is a television show a rule or a set of rules? The deconstructivists will say: definitely so and I will second that. a television show, a software application, a court procedure, a text - are all repositories and depositories of rules, thousands of them: social rules, cultural rules, physical laws of nature, narratives and codes and myriad other guidelines.

This leads us to cybernetics.

At first - during the 50s and 60s - an artificial distinction was drawn between cybernetic systems (such as biological ones) and programmable computers (or universal Turing machines). The former were considered limited by the rigidity of the repertoire of their responses to their feedback loops. Computers, on the other hand, were considered infinitely flexible by virtue of their programmability. This view was shattered by the unexpected enormous complexity of biological organisms and even automata. Gradually, cybernetics was subsumed under computing (rather, vice versa) and computers were considered to be a class of cybernetic systems. I recommend to you to read "Cybernetics and the Philosophy of Mind" by Sayre published in London in 1976).

They all contain information stored, a set of rules to regulate behaviour and feedback loops. Yet, few people - if any - noticed how politically subversive this model was. If the "center's" behaviour is potentially profoundly alterable by feedback from the "periphery" - then centre and periphery become equipotent. More accurately, the very notions of centre and periphery disintegrate and are replaced by a decentralized, loosely interacting system of information processing and information storage "nodes". The Internet, to regurgitate the obvious, is an example of such a decentralized system. The simultaneous emergence of mathematical theories (fractals, recursiveness) that de-emphasized centrality helped to give birth to the inevitably necessary formalism - the language of networks (neural, computers, social and other).

Decentralization removes the power of law-making from any particular node in the system. Each node is a law unto itself. The system, as a whole, as long as it wishes to remain a system and continue to function as such, reaches a "legislative equilibrium". It is a Prigogine type thermodynamic trajectory: it is dynamic, unstable, ever-changing, fluctuating but, by and large, it is identity-preserving and it is functional. The new systems are systems of INFORMAL law as opposed to the older systems which are mainly and mostly systems of FORMAL law.

The clash between these two models was and is unavoidable. The internet, for instance, regulates itself imposing a set of unwritten rules vaguely called the "Netiquette". Part mores and part habits, it is amorphic and always debatable. Yet it functions much better than drug-related laws in formal law systems (like modern states). With no effective enforcement mechanisms, no netiquette-enforcement agencies to speak of - the netiquette maintains an iron grip over netizens. There are other examples outside the internet: the self regulating financial industry in Britain has a better record of compliance that the heavily regulated, SEC-threatened financial community in the USA. Efforts top tax the Internet and to regulate the City are examples of turf wars between formal law systems and informal law systems.

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