Are There Too Many Laws?

The Roman philosopher, Cicero.
In his book, De Legibus, he suggests laws should be dawn from ‘the profoundest philosophy’.

Posted by Keith Tidman

Laws tend to accrete, one upon another. Yet, doesn’t this buildup of laws paradoxically undermine the ‘rule of law’? Wasn’t Montesquieu right to say that ‘useless laws weaken the necessary laws’, and by extension today enfeeble the rule of law?

 

The rule of law holds that every person and institution is equally accountable to the law. It is society’s safeguard against disorder. This presupposes that laws, in promoting the individual good, also promote the common good. The elixir to cure the ailments of society is often seen as dwelling in zealous lawmaking and rulemaking, which ironically may create even worse fissures within the rule of law itself and within the resulting social order. However mistaken such belief in the tonic may be, this regularly seems to be the guiding ideal and aspiration.

 

Yet, aspirations aside, the reality is that the proliferation of laws and regulations leads to redundancy, confusion, contradiction, and irrelevance among the laws that accrue over time. These factors fog up the lens through which people view laws as either just or unjust. In turn, citizens typically remain unaware of their actual liability to these amassed laws, and as a practical matter enjoy little understanding of how laws might be enforced.

Compounding the byzantine body of laws and regulations is the politicisation of their application. Governments of different political ideological leanings may well shift, especially as regimes shift, affecting the interpretation of laws. Laws being, as Thomas Hobbes wrote in Leviathan, ‘not counsel, but command’. Governments might make arbitrary decisions as to how to enforce the laws and regulations, and against whom. Political partisanship and the hazard of overcriminalisation can be the not-uncommon consequence.

When Winston Churchill warned, ‘If you have ten thousand regulations, you destroy all respect for the law’, to some people the cautionary note may have seemed an exaggeration, offered for effect. Now, many countries creak under an evermore bloated number of complex, cumbersome laws and regulations, with rule-of-law significances.

 

A core supposition of law is that citizens freely choose from among alternative behaviours in the daily conduct of their lives. Whether people really do have such uninhibited decision-making and choice, laws make sense, from the practical standpoint of society holding individuals accountable, only if the operative supposition of government and the community is that people deliberate and act through self-direction.

Laws and regulations ought to mirror society’s shared values, norms, conventions, practices, and customs, in order for justice to emerge. However, despite the influence of social values on laws, ‘legal’ and ‘illegal’ are not necessarily equivalent to ‘moral’ and ‘immoral’; principles of legality and morality may be only obliquely correlated. 

Meanwhile, it’s precisely because of the influence of social values that laws ought to remain malleable going into the future, as core needs of the community become reimagined and reframed with time. The inevitability of novel circumstances in the future requires pliability in human thinking, and thus in law.

 

If laws and regulations are allowed to calcify, they shed relevance in longer-term service of the community. They no longer foster the welfare of the people, which along with social order is foundational to laws’ existence. ‘The welfare of the people is the ultimate law’, Cicero presciently observed. Outdated laws and regulations ought to be purged, barring new laws from heaping upon the crustaceous remnants of old laws. Preserving the best about rule-of-law principles requires housecleaning.

 

Everyday citizens often perceive the law as an impenetrably dense mass, understood and plied by a priesthood of specialists who accommodate select interests. Laws’ unfortunate opaqueness propagates ‘ignorance of the law’, despite this go-to plea not being a legally valid excuse.

 

The risk is that society tilts increasingly toward unequal justice, much to the disadvantage of the poor, racial and ethnic minorities, and other alienated, underrepresented subgroups less equipped to self-endorse, or to accrue and deploy power and influence to their advantage. Vulnerability and punishment and discretion are frequently proportional to financial means, in plutocratic fashion. And the rule of law, meanwhile, loses its glint. 

 

And so, in advising that ‘A state is better governed with few laws, and those laws strictly observed’, in light of his time in history René Descartes seems commonsensical. Yet, ever since, many countries have jettisoned this simple prescription.

The profusion of laws compacting outdated and useless laws cannot continue indefinitely, without risking an irreparable stress point for jurisprudence’s workability and integrity. A moratorium on disgorging new laws, however, is insufficient alone. It is vital to clear the overgrown brush that threatens to choke the consistency, intelligibility, reasonableness, and applicability of what we want to restore by way of the rule of law and sensible jurisprudence. 

 

That’s an achievable undertaking. The prospect of our returning to first principles regarding the rule of law as a credible and viable doctrine, beyond a muffled slogan, makes the enterprise of clearing the thicket of laws worthwhile if we want a just society.

 

Is Technology ‘What Makes us Human’?

Posted by Keith Tidman

Technology and human behaviour have historically always been intertwined, defining us as the species we are. Today, technology’s ubiquity means that our lives’ ever-faster turn toward it and its multiplicity of forms have given it stealth-like properties. Increasingly, for many people, technology seems just to happen, and the human agency behind it appears veiled. Yet at the same time, perhaps counterintuitively, what appears to us to happen ‘behind the curtain’ hints that technology is fundamentally rooted in human nature. 

Certainly, there is a delicate affinity between science and technology: the former uncovers how the world happens to be, while the latter helps science to convert those realities into artefacts. As science changes, technologists see opportunities: through invention, design, engineering, and application. This restlessly visionary process is not just incidental, I suggest, but rather is intrinsic to us.

 

Our species comprises enthusiastic toolmakers. The coupling of science and technology has led to humanity’s rich array of transformative products, from particle accelerators to world-spanning aircraft, to magnetic-resonance imaging devices, to the space-station laboratory and universe-imaging space telescopes. The alliance has brought us gene-editing technologies and bioengineering, robotics driven by artificial intelligence, energy-generating solar panels, and multifunctional ‘smart phones’.

 

There’s an ‘everywhereness’ of many such devices in the world, reaching into our lives, increasingly creating a one-world community linked by mutual interdependence on many fronts. The role of toolmaker-cum-technologist has become integrated, metaphorically speaking, into our species’ biological motherboard. In this way, technology has becomes the tipping point of globalisation’s irrepressibility.

 

René Descartes went so far as to profess that science would enable humankind to ‘become the masters and possessors of nature’. An overreach, perhaps — the despoiling of aspects of nature, such as the air, land, and ecosystems at our over-eager hands convinces us of that — but the trend line today points in the direction Descartes declared, just as electric light frees swaths of the world’s population from dependence on daylight.

 

Technology was supercharged by the science of the Newtonian world, which saw the universe as a machine, and its subsequent vaulting to the world of digits has had obvious magnifying effects. These will next become amplified as the world of machine learning takes center stage. Yet human imagination and creativity have had a powerfully galvanizing influence over the transformation. 

 

Technology itself is morally impartial, and as such neither blameworthy nor praiseworthy. Despite how ‘clever’ it becomes, for the foreseeable future technology does not yet have agency — or preference of any kind. However, on the horizon, much cleverer, even self-optimising technology might start to exhibit moral partiality. But as to the point about responsibility and accountability, it is how technology is employed, through users, which gives rise to considerations of morality.

 

A car, for example, is a morally impartial technology. No nefarious intent can be fairly ascribed to either inventor or owner. However, as soon as someone chooses to exercise his agency and drive the car into a crowd with the intent to hurt, he turns the vehicle from its original purpose as an empowering tool for transportation into an empowering weapon of sorts. But no one wags their finger remonstratively at the car.

 

Technology influences our values and norms, prompting culture to morph — sometimes gradually, other times hurriedly. It’s what defines us, at least in large part, as human beings. At the same time, the incorporation and acceptance of technology is decidedly seductive. Witness the new Digital Revolution. Technology’s sway is hard to discount, and even harder to rebuff, especially once it has established roots deep into culture’s rich subsurface soil. But this sway can also be overstated.

 

To that last point, despite technology’s ubiquity, it has not entirely pulled the rug from under other values, like those around community, spirituality, integrity, loyalty, respect, leadership, generosity, and accountability, among others. Indeed, technology might be construed as serving as a multiplier of opportunities for development and improvement, empowering individuals, communities, and institutions alike. How the fifteenth-century printing press democratised access to knowledge, became a tool that spurred revolutions, and helped spark the Enlightenment was one instance of this influential effect.

Today, rockets satisfy our impulse to explore space; the anticipated advent of quantum computers promises dramatic advances in machine learning as well as the modeling of natural events and behaviours, unbreakable encryption, and the development of drugs; nanotechnology leads to the creation of revolutionary materials — and all the time the Internet increasingly connects the world in ways once beyond the imagination.

 

In this manner, there are cascading events that work both ways: human needs and wants drive technology; and technology drives human needs and wants. Technological change thus is a Janus figure with two faces: one looking toward the past, as we figure out what is important and which lessons to apply; and the other looking toward the future, as we innovate. Accordingly, both traditional and new values become expressed, more than just obliquely, by the technology we invent, in a cycle of generation and regeneration.

 

Despite technology’s occasional fails, few people are really prepared to live unconditionally with nature, strictly on nature’s terms. To do so remains a romanticised vision, worthy of the likes of American idealist Henry David Thoreau. Rather, whether rightly or wrongly, more often we have seen our higher interests to make life yet a bit easier, a bit more palatable. 

 

Philosopher Martin Heidegger declared, rather dismally, that we are relegated to ‘remain unfree and chained to technology’. But I think his view is an unappreciative, undeservedly dismissive view of technology’s advantages, across domains: agriculture, education, industry, medicine, business, sanitation, transportation, building, entertainment, materials, information, and communication, among others. Domains where considerations like resource sustainability, ethics, and social justice have been key.

 

For me, in its reach, technology’s pulse has a sociocultural aspect, both shaping and drawing upon social, political, and cultural values. And to get the right balance among those values is a moral, not just a pragmatic, responsibility — one that requires being vigilant in making choices from among alternative priorities and goals. 

 

In innumerable ways, it is through technology, incubated in science, that civilisation has pushed back against the Hobbesian ‘nastiness and brutishness’ of human existence. That’s the record of history. In meantime, we concede the paradox of complex technology championing a simplified, pleasanter life. And as such, our tool-making impulse toward technological solutions, despite occasional fails, will continue to animate what makes us deeply human.

 

The Afterlife: What Do We Imagine?

Posted by Keith Tidman

‘The real question of life after death isn’t whether 

or not it exists, but even if it does, what 

problem this really solves’

— Wittgenstein, Tractatus Logico-Philosophicus, 1921

Our mortality, and how we might transcend it, is one of humanity’s central preoccupations since prehistory. One much-pondered possibility is that of an afterlife. This would potentially serve a variety of purposes: to buttress fraught quests for life’s meaning and purpose; to dull unpleasant visions of what happens to us physically upon death; to switch out fear of the void of nothingness with hope and expectation; and, to the point here, to claim continuity of existence through a mysterious hereafter thought to defy and supplant corporeal mortality.

And so, the afterlife, in one form or another, has continued to garner considerable support to the present. An Ipsos/Reuters poll in 2011 of the populations of twenty-three countries found that a little over half believe in an afterlife, with a wide range of outcomes correlated with how faith-based or secular a country is considered. The Pew Center’s Religious Landscape Study polling found, in 2014, that almost three-fourths of people seem to believe in heaven and more than half said that they believed in hell. The findings cut across most religions. Separately, research has found that some one-third of atheists and agnostics believe in an afterlife — one imagined to include ‘some sort of conscious existence’, as the survey put it. (This was the Austin Institute for the Study of Family and Culture, 2014.) 

Other research has corroberated these survey results. Researchers based at Britain's Oxford University in 2011 examined forty related studies conducted over the course of three years by a range of social-science and other specialists (including anthropologists, psychologists, philosophers, and theologians) in twenty countries and different cultures. The studies revealed an instinctive predisposition among people to an afterlife — whether of a soul or a spirit or just an aspect of the mind that continues after bodily death.

My aim here is not to exhaustively review all possible variants of an afterlife subscribed to around the world, like reincarnation — an impracticality for the essay. However, many beliefs in a spiritual afterlife, or continuation of consciousness, point to the concept of dualism, entailing a separation of mind and body. As René Descartes explained back in the 17th century:

‘There is a great difference between the mind and the body, inasmuch as the body is by its very nature always divisible, whereas the mind is clearly indivisible. For when I consider the mind, or myself insofar as I am only a thinking thing, I cannot distinguish any parts within myself. . . . By contrast, there is no corporeal or extended thing that I can think of which in my thought I cannot easily divide into parts. . . . This one argument would be enough to show me that the mind is completely different than the body’ (Sixth Meditation, 1641).

However, in the context of modern research, I believe that one may reasonably ask the following: Are the mind and body really two completely different things? Or are the mind and the body indistinct — the mind reducible to the brain, where the brain and mind are integral, inseparable, and necessitating each other? Mounting evidence points to consciousness and the mind as the product of neurophysiological activity. As to what’s going on when people think and experience, many neuroscientists favour the notion that the mind — consciousness and thought — is entirely reducible to brain activity, a concept sometimes variously referred to as physicalism, materialism, or monism. But the idea is that, in short, for every ‘mind state’ there is a corresponding ‘brain state’, a theory for which evidence is growing apace.

The mind and brain are today often considered, therefore, not separate substances. They are viewed as functionally indistinguishable parts of the whole. There seems, consequently, not to be broad conviction in mind-body dualism. Contrary to Cartesian dualism, the brain, from which thought comes, is physically divisible according to hemispheres, regions, and lobes — the brain’s architecture; by extension, the mind is likewise divisible — the mind’s architecture. What happens to the brain physically (from medical or other tangible influences) affects the mind. Consciousness arises from the entirety of the brain. A brain — a consciousness — that remarkably is conscious of itself, demonstrably curious and driven to contemplate its origins, its future, its purpose, and its place in the universe.

The contemporary American neuroscientist, Michael Gazzaniga, has described the dynamics of such consciousness in this manner:

‘It is as if our mind is a bubbling pot of water. . . . The top bubble ultimately bursts into an idea, only to be replaced by more bubbles. The surface is forever energized with activity, endless activity, until the bubbles go to sleep. The arrow of time stitches it all together as each bubble comes up for its moment. Consider that maybe consciousness can be understood only as the brain’s bubbles, each with its own hardware to close the gap, getting its moment’. (The Consciousness Instinct, 2018)

Moreover, an immaterial mind and a material world (such as the brain in the body), as dualism typically frames reality, would be incapable of acting upon each other: what’s been dubbed the ‘interaction problem’. Therefore the physicalist model — strengthened by research in fields like neurophysiology, which quicken to acquire ever-deeper learning — has, arguably, superseded the dualist model.

People’s understanding that, of course, they will die one day, has spurred search for spiritual continuation to earthbound life. Apprehension motivates. The yearn for purpose motivates. People have thus sought evidence, empirical or faith-based or other, to underprop their hope for otherworldly survival. However, modern reality as to the material, naturalistic basis of the mind may prove an injurious blow to notions of an out-of-body afterlife. After all, if we are our bodies and our bodies are us, death must end hope for survival of the mind. As David Hume graphically described our circumstances in Of the Immortality of the Soul (1755), our ‘common dissolution in death’. That some people are nonetheless prone to evoke dualistic spectral spirits — stretching from disembodied consciousness to immortal souls — that provide pretext in desirously thwarting the interruption of life doesn’t change the finality of existence. 

And so, my conclusion is that perhaps we’d be better served to find ingredients for an ‘afterlife’ in what we leave by way of influences, however ordinary and humble, upon others’ welfare. That is, a legacy recollected by those who live on beyond us, in its ideal a benevolent stamp upon the present and the future. This earthbound, palpable notion of what survives us goes to answer Wittgenstein’s challenge we started with, regarding ‘what problem’ an afterlife ‘solves’, for in this sense it solves the riddle of what, realistically, anyone might hope for.