Studying Ancient Law In Philosophy Of Law

This semester in my philosophy of law class, I’ve begun the semester with a pair of class sessions devoted to ancient law: Mesopotamian, Biblical, and Roman. (My class is reading excerpts from a standard law school textbook: Jurisprudence Cases and Materials: An Introduction to the Philosophy of Law and Its Applications by Stephen E. Gottlieb,  Brian H. Bix, Timothy D. Lytton, & Robin L. West.) I chose these sections for class reading and discussion because as the authors put it, “First, it is useful to know about the origins of law….Second, the legal documents from the Ancient Near East offer you a comparative perspective…you will find illuminating points of similarity and difference with our own system of laws, and that will help you to identify seemingly universal features of law and to spot particular characteristics that distinguish our own legal system, characteristics that you may have assumed were universal. Third…studying the earliest attempts to impose law gives us an opportunity to examine the reasons for using law as a means of governing….we will find…hints about the original reasons for choosing law, as opposed to other methods of ruling.” Moreover, these excerpts offer us some of the “earliest attempts to reflect on the rule of law…[they] pose a set of questions that have defined the field of jurisprudence ever since….In contrast to contemporary jurisprudence these ancient writings offer clear distinctions between the different approaches: they present arguments about positivism and natural law in purer form.”

These considerations offer a series of compelling arguments for why the study of ancient law should be included in a philosophy of law course; the description of law as a historically evolving and contingent technology of governance is one that every student of law–philosophical or otherwise–should be familiar with. (I regret never having including these sorts of materials in my previous iterations of this class; philosophy of law anthologies for their part, do not include material on ancient law.) If today’s vigorous class discussion–on a preliminary reading of the laws of Ur-Namma, Lipit-Ishtar, Hammurabi, and Yahdun-Lim was any indication, this syllabus selection has been a hit with my students as well. My students were particularly enthused by an introductory exercise that asked them to write a prologue, a few laws, and a conclusion in the style of these legislators; we then discussed why they picked the prologue and the laws that they did; this discussion allowed me to introduce the concept of the ‘expressive impact of law’ and also the so-called four-fold model of behavioral modification, which shows that law is but one modality by which behavior can be modified (the others are social norms, market pressures, and architectural constraints.) Moreover, these legislative excerpts are written in a very distinctive style, which permitted a preliminary discussion of legal rhetoric as well.

I often get syllabi wrong; and much remains to be done in this semester, but for the time being I’m reasonably pleased that this class–which sputtered so spectacularly last year–is off to a bright start in this new year. Hope springs eternal.

On Being Both ‘Bad’ And ‘Great’

Recently, in response to Richard Seymour‘s essay on Winston Churchill in Jacobin–one whose tagline read “Churchill was no hero — he was a vile racist fanatical about violence and fiercely supportive of imperialism,” I wrote the following on my Facebook status page:

Indians have known this and said this forever. Hopefully, now that a white Englishman has said the same thing, we won’t be subjected to any more nauseating Churchill hagiography.

In response, a friend wrote:

The very idea that someone might be both terrible and great. Sounds like another century.

To which yet another friend responded:

Can we from India remember the terrible part? Or should we dilute the gaze full of genocidal hatred he fixed upon us, and remember that he was great to some other people, just not us? I think (and I admit I am entirely biased) he has blotted enough of his record via-a-vis India for us in India not to worry about his greatness.

This little exchange encapsulates quite neatly a recurring aspect of post-colonial discourse and debate–the historical evaluation of colonialists and imperialists. Here, I make note of a revisionist take on Churchill–such revisionism is not new with respect to Churchill though my embittered status makes it seem so–and express the hope that such revisionism will lead to a continuing revaluation of Churchill’s ‘legacy’ and ‘achievements,’ which thus far, have included the persistent and continual reminders of how ‘he saved the world from Nazism.’  In response, I am admonished for my blinkered view, for my insistence that Churchill’s racism and imperialism sully his ‘legacy’ and am urged to take on a more catholic and stereoscopic view. In return, a post-colonial subject–whose nationality is identified–says that as far as Indians were concerned, this dimension overpowers other aspects of his life and work. It was, you see, the dimension ‘we’ were exposed to; those other aspects of his ‘greatness’ were often experienced by others.

This debate is destined to continue and recur. It is therefore incumbent on me to make note of a fallacy that underwrites it: the insistence that the ‘greatness’ and ‘badness’ of colonial leaders–or perhaps just colonialism in general–be universally recognized and acknowledged by the very same people. It is not enough that Churchill be described as ‘great’ by some and ‘bad’ by yet others, and that in some supposedly ‘final analysis’ a complicated, variegated, synoptic of the man and his work might emerge; no, rather, it is necessary that Churchill’s ‘badness’ and ‘greatness’ both be acknowledged by the same demographic: the post-colonial subject, who otherwise stands accused of a lack of historical perspective and perhaps even ingratitude. The post-colonial subject cannot, for instance, just add his contribution assessing the colonialist as ‘bad’ to the mix; he must too, contribute a shade of gray. No unequivocal assessments or opinions for him and her.

This does not sound like an invitation to a more complex view of the world; it is merely a push back down the slope to a familiar position where the manner and form of the post-colonial subject’s action and speech is to be regulated by a set of normative criteria that diffuse its force and power–whether rhetorical or  material. Old habits die hard.

Thinking Of Autonomous Weapons In ‘Systems’ Terms

A persistent confusion in thinking about weapons and their regulation is to insist on viewing weapons in isolation, and not as part of larger, socio-political-economic-legal-ethical systems. This confusion in the domain of gun control for instance, inspires the counter-slogan ‘guns don’t kill people; people kill people.’ Despite its glibness–and its misuse by the NRA–the slogan encapsulates a vital truth: it is singularly unilluminating to consider a weapon in isolation. Indeed, the object we term a weapon is only within the context a large system that makes it one. A piece of metal is a knife because it is used as one, pressed into service as one by a decision-making agent of some kind, to cut objects, vegetable or animal.

Which brings us to autonomous weapons, a domain where the ethical and regulatory debate is quite clearly demarcated. The case for autonomous weapons is exceedingly familiar: they are more humane because of their greater precision; they can be used to reduce the ‘cost’ of war, both human and material; no more carpet-bombing, just precision strikes, delivered by autonomous weapons–which moreover, reduce the strain of killing on humans. (That is, these weapons are kinder to those who kill and those who are killed.) The case against them is similarly familiar: the delegation of lethal decision making to a machine incapable of fine-grained ethical deliberation is an invitation to moral atrocity, to a situation in which lurking catastrophes are triggered by a moral calculus that makes decisions which are only superficially technically correct. The immaturity of such systems and the algorithms they instantiate makes them especially risky to deploy and use.

Autonomous weapons do not exist in isolation, of course; they are more correctly considered autonomous weapons systems–as one part of an economic, military, legal, political, and moral calculus; their use as weapons is not merely function of their machinic code; it is a function, rather, of a much more complex ‘code’ made up of bits of legal regulations, political imperatives, and physical and economic constraints. It is these that act together, in concert, or in opposition, to ‘fire’ the weapon in question. As such, some of the ‘ethical’ arguments in favor of autonomous weapoons systems look a little trite: yes, autonomous weapons system carry the potential to enable more targeted and precise killing, but the imperatives to do so still need to be human directed; their force is channeled and directed and perhaps weakened or strengthened–by all sorts of system level and corporate constraints like political ones. The questions such systems prompt are, as they should be, quite different from those that might be directed at an ‘isolated weapon’: Who owns them? Who ‘controls’ them? What are safeguards on their inappropriate use? Which system’s political and economic and moral imperatives are written into its operational procedures? The world’s deadliest bomber can be grounded by a political command, its engines left idling by politics; it can also be sent half-way around the world by a similar directive.

An illustrative example may be found in the history of computing itself: the wide-scale deployment of personal computing devices in office settings, their integration into larger ‘enterprise’ systems, was a long and drawn out process, one suffering many birthing pains. This was because the computers that were placed in offices, were not, despite appearances, isolated computing devices; they were part of computing systems. They were owned by the employer, not the employee, so they were not really ‘personal’; their usage–hours, security access etc–was regulated by company rules; the data on their drives belonged to the employer. (For instance, to print a document, you accessed a networked printer administered by an Information Systems Group; or, the computers are not accessible on weekends or after hours.) Under these circumstances, it was a category mistake to regard these machines as isolated personal computing devices; rather, they were part of a much larger commercial system; their human users were one component of it. Claims about their capacities, their desirability, their efficiencies were only coherently made within the framework of this system.

Similar considerations apply to autonomous weapons; talk of their roles in warfare, their abilities, and the like, are only meaningfully expressed within a discursive framework that references the architecture of the system the weapon in question functions as a part of.

 

Volcanoes In Ecuador: Thwarted But Happy

Climbing volcanoes in Ecuador has been a long-held dream of mine. From January 13th to the 19th of this year, I took a few baby steps toward realizing it: I traveled to Machachi, Ecuador to try to hike and climb Cotopaxi and Chimborazo, Ecuador’s tallest volcanoes. I failed; both volcanoes were not prepared to receive me on their summits; the weather did not co-operate and was well and truly ‘socked in’ with persistent rain and snow higher up. I traveled partway up Cotopaxi, returning from 5300 meters after snow conditions were deemed unfit for us to continue; the Chimborazo attempt was called off before commencing thanks to reports that avalanche conditions prevailed on its slopes. Still, I managed to squeeze in hikes–of varying levels–of three other volcanoes in the region: Corazon; Illiniza Norte; Ruminahui. I also spent a rewarding week at a lovely hostel–the Hosteria Chiguac–in the town of Machachi, and a wonderful weekend in Quito with an old friend. Like all occasions to travel, this one changed me emotionally and physically; I fell in love all over again with the mountains and renewed my gratitude for the folks I meet when I travel,–this time around, a pair of fire fighters from Idaho, Canadian climbers, English schoolboys, a German young man–who fill my heart with their affection and amaze me with their kindness. The world is a big place, and I will remain in awe of all it contains.

I arrived in Quito on Friday, January 11th, and after being picked up by Manuel from Andes Climbing, was driven to Machachi to check in at the Hosteria Chiguac. Next morning, my guide Marco arrived to accompany me on an acclimitazation hike to Corazon. The hike begins from a parking lot at 4000 m above sea level and continues on to the summit of Corazon–with a funky little rocky scramble requiring some care along the way. The summit is at 4780m; we were accompanied by a dog–Senor Perro–who proved to be a remarkably skillful scrambler and hiker. After a quick lunch, we headed back down, or rather, we were chased off the summit ridge by an impending thunderstorm. The next day, Marco and I headed off to climb Illiniza Norte, the less-technical of the pair of Illinizas. This is a class 3 scramble that turned into an alpine adventure thanks to the fresh snow; the most excitement came along the traverse ‘El Paseo De Morte’ and in ascending the final couloir to the summit; we roped up and Marco expertly belayed me on a couple of sections. After the summit, we ‘surfed’ our way down a scree slope to pull off a little slippery, slidy, shortcut. After a day’s rest, Marco and I attempted to scale Cotopaxi.

The day before our attempted climb, Marco and I drove to the parking lot for the Jose Rivas Refuge, and hiked up to the refuge, our jumping off point for the summit push. We ate an early dinner, checked our gear and turned in for the night at about 630PM. Wake-up was at 11PM; I drank a quick coffee, geared up, and headed out. One indication of the trouble we were to face was that we had to put on our crampons at the refuge itself, as opposed to the usual ‘crampons-on’ point at the the glacier forty-five minutes up the slope. Later, the snow grew deeper, wetter, and slippier, making progress up the slope harder and harder. Two hours and 1300 feet up the slope, our luck ran out, as Marco and other guides with other parties decided that snow conditions made it too hard to carry on. Our Cotopaxi plans having fallen apart, so did our Chimoborazo ones; besides, scouting reports made it clear avalanche risk was too high. I settled for a substitute hike to Ruminahui Central on a day which summed up the weather for the week; it began and ended in dampness, and we were chased off the peak by an approaching storm.

My hiking concluded, I moved to Quito for the weekend to meet an old friend and spent a couple of days of blissful indulgence, eating ceviche and various barbecued meats, strolling around, drinking delicious black coffee with coconut oil and sugar, and enjoying, all over again, the sensation of being amazed by this world’s offerings. The mountains did not co-operate this time around; but I’m patient. I’ll be back.

 

Virginia Woolf On Autobiography And Not Writing ‘Directly About The Soul’

In Inspiration and Obsession in Life and Literature, (New York Review of Books, 13 August, 2015), Joyce Carol Oates writes:

[Virginia] Woolf suggests the power of a different sort of inspiration, the sheerly autobiographical—the work created out of intimacy with one’s own life and experience….What is required, beyond memory, is a perspective on one’s own past that is both a child’s and an adult’s, constituting an entirely new perspective. So the writer of autobiographical fiction is a time traveler in his or her life and the writing is often, as Woolf noted, “fertile” and “fluent”:

I am now writing as fast & freely as I have written in the whole of my life; more so—20 times more so—than any novel yet. I think this is the proof that I was on the right path; & that what fruit hangs in my soul is to be reached there…. The truth is, one can’t write directly about the soul. Looked at, it vanishes: but look [elsewhere] & the soul slips in. [link added above]

I will freely confess to being obsessed by autobiography and memoir. Three planned book projects of mine, each in varying stages of early drafting and note-taking, are autobiographical, even as I can see more similar ventures in the offing; another book, Shapeshifter: The Evolution of a Cricket Fan, currently contracted to Temple University Press, is a memoir; yet another book Eye on Cricket, has many autobiographical passages; and of course, I often write quasi-autobiographical, memoirish posts on this blog all the time. In many ways, my reasons for finding myself most comfortable in this genre echo those of Woolf’s: I find my writing within its confines to be at its most ‘fertile’ and ‘fluent’–if at all, it ever approaches those marks; I write ‘fast’ and ‘freely’ when I write about recollections and lessons learned therein; I find that combining my past sensations and memories with present and accumulated judgments and experiences results in a fascinating, more-than-stereoscopic perspective that I often find to be genuinely illuminating and revealing. (Writing memoirs is tricky business, as all who write them know. No man is an island and all that, and so our memoirs implicate the lives of others as they must; those lives might not appreciate their inclusion in our imperfect, incomplete, slanted, agenda-driven, literary recounting of them. Still, it is a risk many are willing to take.)

Most importantly, writing here, or elsewhere, on autobiographical subjects creates a ‘couch’ and a ‘clinic’ of sorts; I am the patient and I am the therapist; as I write, the therapeutic recounting and analysis and story-retelling kicks off; the end of a writing session has at its best moments, brought with it moments of clarity and insight about myself to the most important of quarters: moi. More than anything else, this therapeutic function of autobiographical writing confirms yet another of Woolf’s claims: that “one can’t write directly about the soul. Looked at, it vanishes.” Sometimes, one must look at the blank page, and hope to find the soul take shape there instead.

 

Parenting As Philosophizing

My daughter turned five a little over two weeks ago. Like most ‘new’ parents, my wife and I duly made expressions of surprise at how fast these five years had rolled away: long days, short years, and all the while, a rapidly transforming human being and person to marvel at. My daughter has changed physically and psychologically; her metamorphosis in this half-decade has provided adequate basis for the claim that personal identity is a mystery, a chimera to only be helplessly grasped at; her physical appearance and dress, which still provokes many to ‘misidentify’ her as a boy, speaks eloquently to how we may construct gender through minor changes in external presentation. Her verbal capacities have grown, and so a steady stream of pronouncements that amuse, perplex, delight, and confound us, issue forth on a daily basis; she has elementary reading and writing skills, and is thus pointing in the direction of a whole new world that she will begin to explore this year. There is much here to wonder at, clearly.

She’s not the only one changing though. My daughter has been changing me even as she does. These changes cannot be captured by the usual ‘look at all the gray hair I have now’ proclamations; many of them are merely tiny moments of astonishment at oneself, at coming to face with a capacity or incapacity or cruelty or kindness not hitherto noticed; yet others are quieter, slower transformations into a newer way of understanding my place in this world now that so many of my older priorities, anxieties, and urgencies have been reconfigured. Some are made sharper and more demanding and insistent; yet others have been quietly relegated to obscurity and irrelevance. Some anxieties about unrealized professional ambitions have eased; I have found new objectives in parenting to draw me onwards and upwards. I have stopped cursing the lack of time for reading and writing; I have learned to recognize that I read and write differently–and often, better–now because of the presence of my daughter in my life; this is a blessing not to be discounted. (Needless to say, reading Freud as a parent is a novelty all its own.)

My daughter is, most crucially, making my philosophizing an actual lived activity; in bringing up my daughter, I have had a chance to see philosophical doctrines that I have only theorized about previously spring to life; I understand them anew as a result.  Indeed, the truth of some is only ‘conclusively’ established in the laboratory of parenthood; the child is where all too many philosophical theories come to grief. My many political standpoints are informed by my role as a parent, as are my ethical ones. I find occasion to wonder, all over again, about the central existential issues that drew me to philosophy in the first place, and notice that my deliberations are marked by an acknowledgement of the meaning and value that my daughter has already brought to my life. I see things differently now; I’m a different kind of philosopher, interested in directions and possibilities I had not considered before, possessed of a voice and imagination that seems new to me; I thank my daughter for making me so.

The Fragile Digital World Described By Zeynep Tufkeci Invites Smashing

In “The Looming Digital Meltdown” (New York Times, January 7th), Zeynep Tufekci writes,

We have built the digital world too rapidly. It was constructed layer upon layer, and many of the early layers were never meant to guard so many valuable things: our personal correspondence, our finances, the very infrastructure of our lives. Design shortcuts and other techniques for optimization — in particular, sacrificing security for speed or memory space — may have made sense when computers played a relatively small role in our lives. But those early layers are now emerging as enormous liabilities. The vulnerabilities announced last week have been around for decades, perhaps lurking unnoticed by anyone or perhaps long exploited.

This digital world is intertwined with, works for, and is  used by, an increasingly problematic social, economic, and political post-colonial and post-imperial world, one riven by political crisis and  economic inequality, playing host to an increasingly desperate polity sustained and driven, all too often, by a rage and anger grounded in humiliation and shame. Within this world, all too many have had their noses rubbed in the dirt of their colonial and subjugated pasts, reminded again and again and again of how they are backward and poor and dispossessed and shameful, of how they need to play ‘catch  up,’ to show that they are ‘modern’ and ‘advanced’ and ‘developed’ in all the right ways.  The technology of the digital world has always been understood as the golden road to the future; it is what will make the journey to the land of the developed possible. Bridge the technological gap; all will be well. This digital world also brought with it the arms of the new age: the viruses, the trojan horses, the malwares, the new weapons promising to reduce the gaping disparity between the rich and the poor, between North and South, between East and West–when it comes to the size of their conventional and nuclear arsenals, a disparity that allows certain countries to bomb yet others with impunity, from close, or from afar. The ‘backward world,’ the ‘poor’, the ‘developing countries’ have understood that besides nuclear weapons, digital weapons can also keep them safe, by threatening to bring the digital worlds of their opponents to their knee–perhaps the malware that knocks out a reactor, or a city’s electric supply, or something else.

The marriage of a nihilistic anger with the technical nous of the digital weapon maker and the security vulnerabilities of the digital world is a recipe for disaster. This world, this glittering world, its riches all dressed up and packaged and placed out of reach, invites resentful assault. The digital world, its basket in which it has placed all its eggs, invites smashing; and a nihilistic hacker might just be the person to do it. An arsenal of drones and cruise missiles and ICBMS will not be of much defense against the insidious Trojan Horse, artfully placed to do the most damage to a digital installation. Self-serving security experts, all hungering for the highly-paid consulting gig, have long talked up this threat; but their greed does not make the threat any less real.