What is Metalaw?

According to Dr. Ernst Fasan, Metalaw is “the entire sum of legal rules regulating relationships between different races in the universe.” Metalaw is the “first and basic ‘law’ between races” providing the ground rules for a relationship if and when we establish communication with or encounter another intelligent race in the universe. Dr. Fasan envisioned these rules as governing both human conduct and that of extraterrestrial races so as to avoid mutually harmful activities.

Friday, February 4, 2011

Metalaw, and the social, behavioral and economic sciences

Two scholars whose work may have a bearing on the future development of Metalaw  --  Kathryn Denning of York University and Margaret Race of the SETI Institute -- have published a paper on the website of the National Science Foundation entitled Rethinking Life:  Astrobiology and the Future of the Social, Behavioral and Economic Sciences (SBES).  The paper explores the question of how advances in astrobiology research will affect humanity, and proposes that the field offers SBES researchers (including those in law) an opportunity to forge an interdisciplinary community to address the profound questions that astrobiology poses to humanity.

The urgency of the issues Denning and Race address is underscored, of course, by this week's announcement of the discovery by the Kepler space telescope of more than 1200 exoplanet candidates, including 54 orbiting in the habitable zone of their parent stars -- of which 5 are approximately the size of Earth.  In other words, we may be on the verge of discovering the first reasonably Earth-like exoplanet.  Remarkable, considering it has only been 16 years since the discovery of the first extrasolar planetary system.

"[A]strobiology is causing us to rethink life itself, in myriad ways," Denning and Race write. "And whether or not a detection of extraterrestrial life is imminent  –  as many scientists expect it to be  –  this re-visioning will involve SBES in every way imaginable.  The rate of life-related discoveries is rapidly outpacing our human frameworks. Accordingly, this area  –  involving planetary protection, UN conventions and treaties concerning  space, metalaw, and bioethics  –  is  an incredible opportunity for SBES researchers: their perspectives and contributions are greatly needed."

Denning and Race argue persuasively that astrobiology and related studies in the SBES are about more than extraterrestrial life:  "We live in the Anthropocene era: we are changing our world, and with it, ourselves, at an
unprecedented rate. The culture/nature divide, such as it was, is collapsing. Through research within  and connected to astrobiology, we are also coming to understand planetary scale phenomena,  the limits of habitability, and life’s fragility on Earth. What are the likely impacts upon human consciousness, behaviour, culture, and social systems? How should they be studied?"

Among other measures, Denning and Race call for the integration of perspectives from fields as diverse as ethics, religion, law, science policy, anthropology, moral philosophy, international governance and the history of science.  To this end, Denning and Race have started a NASA Astrobiology Institute Focus Group on Astrobiology & Society.

"We need researchers who can address the issues that will arise from humanity’s altered views and relationships with life... in whatever diverse forms we find it," Denning and Race conclude.  "This is, in the end, a matter of utmost practicality. The decisions humanity makes  now about how we choose to relate to life, and to the solar system and space beyond, will affect all our descendants."

Saturday, January 8, 2011

Envoys of mankind

Having discovered them over the holidays, I've been spending some time reading George Robinson's 1986 book Envoys of Mankind and another paper he published twenty years later, in 2006.

George Robinson is a retired general counsel to the Smithsonian Institution, and before that was a lawyer for both NASA and the Federal Aviation Administration.  He also earned the first doctoral degree in space law, from McGill University.

An early critic of Andrew Haley and his early formulations of Metalaw (primarily because of Haley's reliance on the natural law theory of jurisprudence), Robinson later turned his attention to the subject of humanity's future in space, in particular its legal future.  Envoys of Mankind and the more recent paper I'm studying (G.S. Robinson, Transcending to a Space Civilization:  The Next Three Steps toward a Defining Constitution, Journal of Space Law 32 (2006) 147-175) concern what legal principles will govern future human space societies.  The recent paper also touches upon the need to consider the legal ramifications of humanity's transhuman future, and the impact that converging technologies such as artificial intelligence, bioengineering, and robotics will have on human spacefaring activities.  Robinson hasn't forgotten his early interest in Andrew Haley, Ernst Fasan and Metalaw, but seems to have softened considerably in his evaluation of Metalaw compared to his views in the 1960s and 1970s.

Robinson's writing, while often densely written and at times difficult to digest in one or even two readings, is loaded with intriguing nuggets for anyone interested in Metalaw.  I've added the book to my list of in-depth treatments of Metalaw, and the 2006 paper to my list of further reading related to Metalaw.