From the Information Era to a Gaia Of Civilizations (1997)

By Sohail Inayatullah, 1997

Information theory, while claiming universality, ignores civilisational and spiritual perspectives of knowledge. Moreover, the information society heralded by many as the victory of humanity over darkness is merely capitalism disguised but now commodifying selves as well. This essay argues for a more communicative approach wherein futures can be created through authentic global conversations – a gaia of civilisations. Current trends, however, do not lie in that direction. Instead, we are moving towards temporal and cultural impoverishment. Is the Web then the iron cage or can a global ohana (family, civil society) be created through cybertechnologies? Answering these and other questions are possible only when we move to layers of analysis outside conventional understandings of information and the information era and to a paradigm where communication and culture are central.

Key words: Information, Communication, Gaia of Civilisations

“The time for the liberation of heart and mind has not come yet…This is not your final destination.”[i] Faiz Ahmed Faiz.

Has the future arrived?[ii] Ended? Cyberspace and cloning; postmodernity and globalism are creating worlds where the future as a place of possibility and as a site of critique of the present, no longer exists. With virtual reality, cyberworld and genetics having arrived, the future and, indeed, history has ended. Our imaginations have become real – the fantastic has become the real.

However, perhaps the “cyber/information era” view of the future is overly linear, exponentially so, and forgetful that two-thirds of the world does not have a phone and much of the world lives over two hours from a phone connection. While postmodernity has speeded up time for the elite West and the elite in the non-West, for the majority of the world there is no information era.  Moreover, in the hyperjump to starspace, we have forgotten that while ideas and the spirit can soar, there are cyclical processes, such as the life and death of individuals, nations and civilisations that cannot be so easily transformed. While certainly there are more people making their living by processing ideas,[iii] perhaps we are engaged in a non-productive financial/information pyramid scheme where we are getting further and further away from food production and manufacturing, building virtualities on virtualites until there is nothing there, as in advaita vedanta[iv] wherein the world is maya, an illusion.  But perhaps it is important to remember from the history of previous empires that decline is in order when the capitalist class grows only from financing and knowledge creation, giving up manufacturing and losing vital resource to insecure peripheries.[v]

The coming of the information era, ostensibly providing untold riches in bits of freedom for all, in fact limits the futures of others because it robs them of their future alternatives – it certainly does not create a communicative gaia of civilizations,[vi] a new planetary future. Reality has become constructed as the worldwideweb, but perhaps this web is Max Weber’s iron cage – the future with no exit, wherein there is an inverse relationship between data and wisdom, between quick bytes and long term commitment, between engagement to technology and engagement with humans, plants and animals. We know now from email culture that the twin dangers of immediacy and speed do not lead to greater community and friendship, rather they can lead to bitter misunderstandings.[vii] Email then becomes not the great connector leading to higher levels of information but the great disconnector that gives the mirage of connection and community.[viii]  Email without occasional face to face communication can transform friendships into antagonistic relationships. Just as words lose the informational depth of silence, email loses information embedded in silence and face to face gestures.  The assimilation and reflection as well as the intuition and the insight needed to make sense of intellectual and emotional data are lost as the urgent need to respond to others quickens. Slow time, lunar time, women’s time, spiritual timeless time, cyclical rise and fall time and circular seasonal time are among the victims, leading to temporal impoverishment, a loss of temporal diversity where “21C” is for all instead of peculiar to Western civilisation.[ix]

Cybertechnologies thus create not just rich and poor in terms of information, but a world of quick inattentive time and slow attentive time. One is committed to quick money and quick time, a world where data and information are far more important than knowledge and wisdom.  It is a world where history is exponential versus a world that is cyclical: that believes the only true information worth remembering is humility; that civilisations that attempt to touch the sky burn quickly down; that economies that become so far removed from the real economy of goods and services, of agriculture, of the informal women’s economy and that become utterly dependent on cybertransactions can easily melt down.

It is thus a mistake to argue that there will only be an information rich and poor, rather there will be information quick and slow. Time on the screen is different from time spent gazing at sand in the desert or wandering in the Himalayas. Screen time does not slow the heart beat down relaxing one into the superconscious, rather we become lost in many bits, creating perhaps an era of accelerating information but certainly not a knowledge future or a future where the subtle mysteries of the world, the spiritual everpresent is felt.

Dark Side Of The Earth

There are two clear positions. In the first, the information era provides humans with the missing technologies to connect all selves. In the other, “Cyberspace is the darkside of the West” to use Zia Sardar’s provocative language.[x] He argues that cyberspace is the West caving in on itself, leaving no light to see outside of its own vision.[xi] It is a Spenglarian collapse. While cyberspace claims community, there in fact is none, it is anonymous. There is no responsibility towards others since there is no longer term relationship – there are no authentic selves, all exist for immediate short term pleasure and not for the larger task of working together towards a shared goal. People are because they struggle through projects/missions together, not just because they exist in shared virtual worlds.

This quickening of the self was anticipated by McLuhan in 1980.  “Excessive speed of change isolates already fragmented individuals. At the speed [speech] of light man has neither goals, objectives or private identity. He is an item in the data bank – software only, easily forgotten – and deeply resentful.[xii]

Selves lose reflective space, jumping from one object to another, one Website to another, one email to another.  It is not a communicative world that will transpire but a world of selves downloading their emotional confusion onto each other.  Writes Sardar, “Far from creating a community based on consensus, the information technologies could easily create states of alienated and atomised individuals, glued to their computer terminal, terrorising and being terrorised by all those whose values conflict with their own.”[xiii] It is as if we have all become psychic with all thoughts interpenetrating creating a global schizophrenia.[xiv]

Virtual realities have and will prosper not for the glimpse they give to us of other worlds but because they detach us from this world. Among the main virtual projects is the continued silencing of women from the technological discourse. Virtual technologies are growing because of their ability to simulate sexual pleasure.  Once these technologies are fully developed, men will no longer need to connect emotionally or with commitment to women (and some women to men as well), rather they will simulate their relationships with virtual dolls, creating worlds where women exist only as male representation.  What Playboy has not yet accomplished because of the flat dimension of centrefold spreads, virtual full dimension will realise it. Men will then continue to locate women as pleasure objects and create them as standardised beauty forms. The first step is the reduction of women to the hormone maddened images of adolescent males. The next stage is the elimination of women through virtual simulcras. Through genetics (the first phase as cloning but more important is the artificial womb), they will not be needed for procreation as well.  While this perhaps might be too bold of a statement, certainly the new genetics cannot in anyway be seen as nature or women-oriented technologies. While Finland, for example, extends the metaphor of the home into a caring State, genetics will lead to the opposite: the total penetration of the State into the home and then the body of women.[xv]

The Great Leap Forward         

Virtual reality thus fulfils the homoerotic male fantasy of a world of just men. However, some argue that virtual reality is a new technology whose future development is up for grabs, that computing does not have to be male biased, that women can enjoy user groups dominated by men.  While the technology is certainly male-dominated,[xvi] Sherman and Judkins give the banal advice that women[xvii] should educate themselves on the positive and negative dimensions of this new technology and then make it into their own (of course, forgetting the reasons why it is male dominated).[xviii] Fatma Aloo, howoever, of the Tanzanian Media Women’s Association argues that the internet is a necessarily evil.[xix] Even though it is male-dominated and the technology in itself is male-cultures, women endanger themselves more by not using these new technologies. Her association and the numerous other ngo’s hope to empower women through the net. Through the net, they are able to tell their stories of suffering, of marginalisation as well as their victories to others – at the some level then, isolation can disappear.

But for cyber enthusiasts, these new technologies are not necessarily evils but grand positives that give do more than merely provide information, they give more choice. They reduce the power of Big business and Big State, creating a vast frontier for creative individuals to explore. “Cyberspace has the potential to be egalitarian, to bring everyone into a network arrangement. It has the capacity to create community; to provide untold opportunities for communication, exchange and keeping in touch.”[xx] Cybertechnologies will allow more interaction creating a global ecumene – authentic global communication. They create wealth, indeed, a jump in wealth.  The new technologies promise a transformational society where the future is always beckoning, a new discovery is yearly[xxi] – and as our memory of the past becomes increasingly distant, humans become important not for themselves but for the new genetic/cyber species they create. The evils of the past slowly disappear as we know each other more intimately. The oppressive dimensions of bounded identity – to nation, village, gender, culture – all disappear as we move in and out of identities and communities.  History is then exponential with visions of collapse, of the perpetual cycle, of the weight of history, merely fictions of the past.  Our children will live in a world without gravity, believes Nicholas Negroponte. In Being Digital he argues that, “Digital technology can be a natural force drawing people into greater world harmony,”[xxii] where historical social divisions will disappear.  Predictably Bill Gates writes that “we are watching something historical happen and it will affect the world seismically, rocking us in the same way the discovery of the scientific method, the invention of the printing, and the arrival of the industrial age did.” [xxiii]  Mark Pesce goes even further than Negroponte and Gates, believing the web to be “an innovation as important as the printing press – it may be as important as the birth of language itself … in its ability to completely refigure the structure of civilization.”[xxiv] This is the moment of kairos, the appropriate moment, for a planetary jump to a new level of consciousness and society. It is the end of scarcity as an operating myth and the beginning of abundance, of information that wants to be free. The late 20th century is the demarcation from the industrial to the information/knowledge era. Progress is occurring now. Forget the cycle. That was misinformation.

But while the growth data looks impressive and the stock of Microsoft continues upward, there are some hidden costs. For example, what of negative dimensions of the new technologies such as surveillance? Police in Brisbane, Australia use up to a 100 hidden cameras in malls to watch for criminal activities.[xxv] Hundreds more are anticipated creating an electronic grid in central Brisbane. While this might be possibly benign in Brisbane (Aborigines might have different views though), imagining a large grid over Milosevic’s Yugoslavia or Taliban’s Afghanistan (or under Zia-ul Haq’s Pakistan where every “immoral” gaze would have led to arrest) it is enough to frighten the most fanatical techno-optimist. Or is it? Many believe that privacy issues will be forgotten dimensions of the debate on cyberfutures once we each have our own self-encryptors so that no one can read or enter us (the 21st century chastity belt). Technology will tame technology. Over time, the benefits of the new technologies will become global with poverty, homelessness and anomie all wiped out. All will eventually have access – even the poorest – as the billions of brains that we are, once connected, will solve the many problems of oppression.[xxvi]  While we have always imagined such a future, it is only now that technology allows it so.

The new cybertechnologies will also change how we war each other.  “The world is in the early stages of a new military revolution. The technologies include digital communications, which allow data to be compressed; a “global positioning system” (GPS) of satellites, which makes more exact guidance and navigation possible; radar-evading “stealth”; and, of course, computer processing.”[xxvii]

But they will also create a world in perpetual war with itself.

The new warfare will be `multi-dimensional’, meaning not only that air, sea and land operations will be increasingly integrated, but also that information and outerspace will be part of modern war. `Information warfare’ could mean disabling an enemy by wrecking his computing, financial, telecoms or air-traffic control systems. The relevant weapons might be computer viruses, electro-magnetic pulses, microwave beams, well-placed bombs or anything that can smash a satellite.[xxviii]

Competitive advantage will go to those who are the most information dependent, thus creating information gaps between themselves and others. This dependence, however, is a weakness, both sapping innovation by leading to a closed surveillance society and allowing others not dependent on instant information to attack from non-information paradigms. It is enantiodromia in action – one’s excellent is one’s fatal flaw.

Access To Global Conversations

At the metalevel, at issue is not just the access of individuals to technologies but more how the new technologies have taken over the discourse of global conversations, how they have infected our deep social grammar. While certainly it is important to have a global language – a way of communicating – the internet not only privileges English, it englishes the world such that other languages lose their ability to participate in global futures. It continues global standardisation. Who needs cloning, writes Kiirana@unm.edu when you already have global standardisation in the form of global coca-colaisation.[xxix]

The web creates a voice, a rhetoric, a certain kind of rationality which is assumed to be communicative.  But while certainly web pages that provide information on airline flight arrivals and departures or on hard to find books are instrumentally useful, information retrieval is not communication.  Communication proceeds over time through trauma and transcendence.  In trauma, communication occurs when human suffering is shared with others. In transcendence, communication occurs when differences are understood and mutuality discovered, when beneath real differences in what it means to be human, similarities in how we suffer and love are realised. Merely having a web page does not mean one is communicating with others except at the banal level of an electronic business card.

A web page, like a Coca-Cola ad on the moon or on Mars for visiting aliens provides some information but certainly not at a level most civilisations in the world would find satisfactory. It amplifies a certain dimension of self, however, as with all such amplifications, far more interesting is to note what is not sent, what is not said, then what is officially represented in email or on a website.

While Marshall McLuhan was certainly correct in writing that we create technologies and thereafter they create us, he did not emphasise enough that technologies emerge within civilisational contexts (where politics are naturalised, considered absent).  Technology creates the possibility of a global village but in the context of the Los-angelisation of the planet. It is the global city of massive pollution, poverty and alienation that is the context. In addition, the more vicious dimension of the village – the history of landlords raping farmers, of exclusive ideologies and of feudal relations is often forgotten in the metaphor of the global village, indeed, a global colony would be a far more apt metaphor.  But new technologies do create differences in world wealth, access to power and access to the creation of alternative futures.

Cyber-enthusiasts rightfully point to the opportunities of the one world created by new technologies. But they need to remember that the one world of globalism remains fundamentally capitalistic with the local (local economy and power over one’s future) increasingly being attacked. The tiny Pacific Island of Niue recently discovered that 10% of its national revenue was being sucked out through international sex-line services.[xxx] The information era as P.R. Sarkar points out is late capitalism, a system in which all other varnas – psycho-social classes and ways of knowing (the intellectual, the worker and the warrior)  – become the “boot lickers of the merchants.”[xxxi]  And: “In order to accumulate more and more in their houses, they torture others to starvation … they suck the very living plasma of others to enrich the capabilities.”[xxxii] While intellectuals invent metaphors of postmodernity and post-industrialism, capital continues to accumulate unevenly, the poor become poorer and less powerful (however, they can now have a Website).  The information era still exists in the context of the world capitalist system – it is not an external development of it, and it will not create the contradictions that end it. The knowledge society or non-material society that many futurists imagine conveniently forgets humans’ very real suffering. But for virtual realities, we have virtual theories.  The words “I make friends” from the genetic engineer character in the movie Blade Runner take on a different meaning. Making friends becomes not an “exchange” of meanings but the manufacturing of like-minded life forms – friendly robots in this movie.  One can easily imagine scenarios with corporations making happiness, love and life (not to mention providing passports/passwords).  The advertising genius of the 20th century will pale in comparison to what is to come in the next.

THE POLITICS OF CONVERSATIONS

Current global conversations are not communicative spaces of equal partner but conversations wherein one party has privileged epistemological, economic and military space. Certainly the emerging Palestinian world can not have a meaningful conversation with the power of Israel – they do not enter the conversation as equals. Moreover the language of such conversations uses the categories and assumptions of those that have designed the metaconversation.  We do not enter conversations unencumbered, as Foucault, Heidegger and many others have pointed out. Trails of discourses precede our words.  We do not own words, indeed, it is not even so much that we speak but that discourse creates the categories of “we”. That is to so say, it is not that we speak English, but that we language the world in particular ways.

Remembering the Unesco MacBride Commission report, Majid Tehranian argues that the major problem in global communication is the lack of a meaningful dialogue between West and non-West.  Each cannot hear the other – their paradigms are too different, for one. Second, the West does not believe that as the losers in history Asia, Africa, the Pacific have the right to speak. Only Confucianist societies (who present an economic challenge) and Islamic societies (who do not accept their fate and challenge the positioning of the West) are problematic for the future of the West.

The West desires the non-West to procreate less; the non-West points out that the West argues for population limits only after it has robbed the future of the world’s resources and without contesting the structural relations of imperialism.  After all, Los Angeles uses the same amount of energy as India. As Gayatri Spivak writes: “A large part of this deplorable state of affairs is lodged between the legs of the poor women of the South. They’re having too many children. At Halloween, one day in the United States, more than 300 million dollars was spent on cards, 72 million dollars on costumes and more than 700 million on candy. More than a billion dollars. One of those children is 300 times [in terms of consumption] one of the children in the South. So what kind of body count is that.”[xxxiii] Spivak thus locates the problem in consumption-oriented capitalism and not in Indian women who do not need information on world population trends.

The West desires a free-flow of information, the non-West (and France) wants to protect its culture, arguing that the real flow is downward from Disneyland to Islamabad and rarely the other way around. This is not because Western culture is superior, because truth really did begin in Greece, but because the West has technological and financial advantages and because over the past 500 years they have defined what is beauty, truth and humour. Free flow can exist when lines of videos, television and music are, in fact, authentically based on market relations. Currently the West has structural advantages. However, the West believes that it is bringing faster, quicker and more exciting global culture, and that the non-West is using these excuses as a way to deny their citizens global culture, to protect their culture industries and to oppress dissent in their home countries. For example, East Asian nations have used Confucianism as an argument against liberal democracy. New technologies then will merely continue a dialogue that others cannot hear but they do so at many levels now – the space of nationalism becomes wider and thus sovereignty harder to maintain.  But while it might be argued that this is so for the US and European nations, that the Net limits their sovereignty, this forgets that the creators, the designers and the value adders are from the US largely.

Thus, before we enter global conversations we need to undo the basis of such conversations asking who gets to speak; what discourses are silenced; and, what institutional power points are privileged?  We need to ask how the language of conversation enables particular peoples and not others (peoples as well as animals[xxxiv] and nature). We need to see particular linguistic movements as fragile spaces – as the victory of one way of knowing over other ways of knowing.  Our utterances are political in that they hide culture, gender and civilisation.  Conversations come to us as neutral spaces for created shared agreement but they are trojan horses carrying worldviews with them. For example, centre nations often want to enter into political reconciliation conversations with indigenous peoples but the style and structure of such conversations almost always reinscribe European notions of self and governance instead of indigenous notions of community and spirituality. By entering, for example, a parliament house or a constitutional convention, the indigenous person immediately enters a terrain outside of his and her value considerations – in fact, outside his or her non-negotiable basis of civilisation. As traditional Hawaiians say, the aina (land) is not negotiable, cannot be sold – it is rooted to history, to the ancestors and cannot enter exchange relations.[xxxv]  Hawaiians have been prodded by the US Federal government to engage in a constitutional convention to articulate their ideal state, governance system. As with traditional American conventions, delegates are to run and lobby for election, each one to act as a delegate and thereby somehow representing their nation. During the convention, they are to follow discussions and enter in conversations as bounded by Robert’s Rules of Order. However, for many Hawaiians entering a constitutional convention already limits the political choices they have. Ho’pono’pono, for example, as a method of negotiation – wherein ancestors are called, where all others are forgiven, where a shared spiritual and social space is created – is far more meaningful than the power worlds of suits and ties.

As a Maori elder has argued: Westerners want us to have a governance system based on parliamentary democracy wherein electoral legitimacy is based on full representation and attendance of delegates. In this system, the Maori are often chided for not showing up to meetings. What Westerners do not recognise, is that “they” is not only constituted by “physical beings”. More important than particular individuals showing up is if the mana shows up. If the mana is not there then it does not matter if all voted in unanimity. Having or not having mana determines civilisational success. Merely voting, while perhaps a necessary condition, is not a sufficient condition. One’s relationship with the mana is. Representation by the Maori and the Hawaiians is made problematic – one person, one vote is part of the story but it misses the expanded communicative community of other cultures, including the special voices of elders (those who dream the past) and of angels (and other non-human beings who affect day to day life) as well as of the community as whole.  Finally it misses the mana, that there is more to a person or to a community than its human population.

Conversation then is more than being able to access different web pages of Others. A global village is not created by more information transfer.  Conversation is also more than about equals meeting around a table but also asking what type of table should we meet around? What type of food is served? Who is fasting? Should food be eaten on the ground? Who should serve? Is there prayer before eating? When should there be speech? When silence?[xxxvi] What constitutes information transfer? When is there communication? The meanings we give to common events must be civilisationally contextualised.  Libraries, for example, create knowledge categories that are political, that is, they reflect the history of Western knowledge. These divisions of knowledge – the floors of a library – bear little relationship to the orderings of other civilisations where reality does not consist of divisions between art, science, social science, government documents and other. The Web, however, does to some extent create a new global library, which allows for democracy in terms of what is put on the Web and in terms of how it is accessed. Categories are more fluid, allowing for many orderings of information. At the same time, the web flattens reality to such an extent where all information is seen as equal, the vertical gaze of hierarchical knowledge – of knowing what is most important, what is deeper, what is lasting – is lost. Immediacy of the present all categories being equal results with the richness of epistemological space lost.

A REAL INFORMATION SOCIETY

A real information society, an ilm (knowledge in the Islamic worldview) world system would thus be one that was diverse in how it viewed knowledge, appreciating the different ways civilisations ordered the real.  It would not just be technical but emotional and spiritual as well and ultimately one that used knowledge to create better human conditions, to reduce dhukka (suffering) and realise moksa (spiritual liberation from the bonds of action and reaction). The challenge then is not just to increase our ability to produce and understand information but to enhance the capacity of the deeper layers of mind, particularly in developing the vijinanamaya kosa (where knowledge of what is eternal and temporal is realised).  Certainly, even though the Web is less rigid than a library, it is not the total information technology some assume – spiritual energies and shamanistic dissenting spaces cannot enter. Of course, underlying an alternative view of an information society is a commitment to prama or a dynamic equilibrium wherein internal/external and spiritual/material are balanced.

The issue is more than equality but the illumination of difference – difference at the level of political-economy, at the level of epistemology, of worldview.  Information is not information and knowledge is not knowledge.

But for the moderns, these concepts are understood by characterising the other as existing in religious worldviews.  Following Comte and Spencer, as the intellect develops, philosophy and then later science flourishes – real knowledge, objective science, that can lead to commercial success arises. Other ways of knowing become characterised as backward, or in more generous terms as not having access to enough information. With full information, ignorance is reduced and the objective revealed. In contrast, for non-Western civilisations, it is the subjectivisation of information that is far more important (with Islam trying to balance the subjective and objective).[xxxvii] Moreover, the division between secular and religious is less strict.

But the techno-optimists of the information postmodern society believe that these differences between worldviews can be accommodated.  By decentralising power, the new technologies allow the spirit of the individual to thrive. Through the internet, we will all be wired one day happily communicating all day long – that difference will lead to a space of communicating equals all sharing a confidence in world connectivity.  The noosphere imagined by Teilhard de Chardin is just years away.  But what type of connectivity will it be? While certainly email helped the Belgrade student and opposition movement of 1997 gain world – Western – support, the Algerian Muslims equally deprived of electoral victory have received few hits on their Websites. What happened to our image of an objective information rich society where more information leads to wiser and fairer decisions?

POSTMODERN NETS

Time writer Julian Dibble believes that the Belgrade revolt was an internet revolution since it was the one media the fascist Milosevic regime did not manage to control. Certainly access to the rest of the world through email provided important emotional support and it provided an antidote to the pro-Milosovic government reporting, as evidenced in Australian TV newscoverage through the SBS channel.  However, the revolution “succeeded” because of other factors.  The US’s clear warning to Milosevic that violence to protesters would have severe repercussions (at the very least the reinstatement of sanctions), the creative non-violent tactics of students (the revolt tactician was a theatre director) and loss of right-wing nationalistic (fascist) support to Milosevic since he was now seen not as the father of a Serbian homeland but the one who sold out the Serbs in Krajina. The internet was neither a necessary nor a sufficient factor. Mass protest, a neutral Army, support from the powerful military nations, threat of UN sanctions and courage of individual women and men in the face of policy brutality were.  But the process of the mythification of the internet continues.

Information optimists remain convinced that more information about others leads automatically to a better world. For example, in an article by Anthony Spaeth at the recent Davos World Economic Forum, he writes that South African Thabmo Mbeiki, the Executive Deputy President, said that if South Africa had been connected, there would not have been apartheid.[xxxviii]  Somehow despots are undermined by the Web, racism disappears once we have more information about events.  However in the very same issue of Time we are told that the best predictor of one’s view of American football player OJ Simpson’s guilt or innocence was race.[xxxix] Irrespective of any evidence or objective information, black Americans were far more likely to believe in his innocence, white americans in his guilt.  Clearly being wired is only one factor in determining how one sees the world. The US is internet connected and yet two groups separated only by a bit of skin colour can see the world so differently. Information is obviously not so flat. For Blacks the trial was about history, about inequity in the US as well as about how they see themselves constructed by white Americans (as an inch removed from barbarism). For Whites it was more evidence that blacks are dangerous irrespective of their “white” credentials.  To assume that more information leads to insight into others, misses the point. We make decisions based on many factors – conceptual information is just one of them.  Our own personal history, the trauma each one us has faced. Our moments of transcendence when we have gone beyond the trauma and not othered others (ie as less or evil or as a reified social category).  Civilisational factors and of course institutional barriers are other variables that mediate both the introduction and dissemination of technology but as well as how technology is constituted.

But others believe the Net can be about transcendence. Sherry Turkle argues that the internet allows us to delink from our physical identity and gain some distance from our personal traumas.[xl] We can play at being female or male, human or animal, diseased or health. She describes stories of healing where women and men understand their own pathologies better through play with other identities.  However, she was not so thrilled when others created a character called Dr. Sherry, that is the foundational basis for her identity was suddenly questioned.  Of course, it is easier to play (assuming other identities in fun) when one has a sovereign coherent identity and when one is still making one’s historical identity.  Identity play as postmodern irony is a far more painful episode when one has had identity systematically removed. Among others, Asians and Africans are currently undergoing such a trauma, between imposed selves, a range of historical selves and desired future selves. Turkle forgets is that it is not just Websurfers who have many identities. Colonised people have always had an ability to be multi-selved, not for play, though, but for survival. For example, survival for Indians during British rule meant creating a British self, holding on to a historic self and a synthetic self. While multi-tasking might be the craze today and for Douglas Rushkoff[xli] the most important ingredient for success tomorrow, it is not just playing on computers that create multi-tasking, as any mother will tell, having children is the true teacher of multi-tasking.

Internet enthusiasts forget that the wiring of the globe means the wiring of the worst of ourselves and the best of ourselves. Evil and goodness can travel through broadband. Technology is political, constitutive of values and not merely a carrier. The information era remains described in apolitical terms forgetting the culture of technology creating it, forgetting the class (Marx) and varna (Sarkar) basis of these technologies, that is, they exist in the end days of capitalism, and it forgets that Net privileges certain values over others.  We need to remember that if there were 100 people with all existing ratios the same, 70 would be unable to read, 50 would suffer from malnutrition, 80 would live in sub-standard housing, and only one would have a college education.[xlii]

Also forgotten is that merely entering a cyberworld makes no promise of justice or global fairness.  And as South African Mikebe will find out, his nation will enter the world information system not on their terms, their categories, their view of history but on the views of those with the most definitional power.  Currently, the world guilt ratio favours South Africa. That will certainly change as it is currently with US anger at South Africa’s selling of arms to Syria (ethical arms trading, it is now called).

At the same time, even with the limits of Webspace, as the Zapatista have managed to do, a revolution of land and labor can, while not be won in cyberworld, certainly be kept alive there.[xliii]  Through numerous Web sites and quick access to international human rights organisations and other NGOs, the power of the Mexican state to obliterate the Zapatistas is dramatically reduced. When local power is not enough, movements can enter the global ecumene and find moral power from international society, speeding up the creation of a global ohana. Clearly the Web has changed the relationships between oppressor and oppressed, between national totalitarianism and movements of dissent. Indeed, Sardar writes that CD-ROM has the potential to change power relations between individuals and religious scholars (who served as human memory banks controlling the intrepretations of what one should or should not do as a Muslim). By making vast amounts of information easy to access and thus allowing Muslims to interpret themselves truth claims made by a particular class of people. “Islamic culture could be remade, refreshed and re-established by the imaginative use of a new communication technology.”[xliv] But perhaps this is too hopeful, expert information systems can be designed that reinforce the views of the mullah class, interpretations can be framed so that their power base and their view of Islam continues.

The ubiquitous power of the Web is such that one cannot escape it – there is no luddite[xlv] space available, one has to enter the technology and do one’s best to make it reflect one’s own values and culture. But technology more than a site of progress must be located as a site of contending politics.

We thus need to ask if the Web and the promised information world change the hegemony of the West (here now extending West outside of its geographical borders to cosmology, a way of knowing) – ie definitional power, deciding what is truth, reality and beauty; temporal power, deciding what historical landmarks calender the world, eg that 21C is arriving; spatial power, imagining space as urban, secular (without feng shui or local knowledge) and to be owned; and economic power (upward movement of wealth from the periphery to the centre). Clearly it does not. It does give more pockets of dissent and it has now once again packaged dissent as a Website – with the right graphics, name, format and sexy catch words (and payment to search engines to ensure one’s Website comes up first).

The challenge for cultures facing cyberworld ahead is to find ways to enter global conversations, that is, to protect local ways of knowing and at the same time enter the end of history with new ways of knowing – worlds beyond the information era. This is a far more daunting task than cross-cultural communication. It is a vision of a gaia of civilisations.  It is a deep global conversation that admits metaconversations.[xlvi]  To do so, one cannot be a luddite.  Historical change happens because of environmental clash and cohesion and because of the clash of ideas. But it also occurs because of a desire for something other – an attraction to the Great, in sanskrit, for ananda. Science and technology thus must be seen in cultural terms (what ways of knowing they privilege) but also in terms of their political economy (who owns them and how the benefits are distributed) but even as we evoke non-linear images of time, space and spirit, there is a crucial linear progressive dimension to history, of increasing rights for all, of some possibility of decreasing levels of exploitation (through social innovation). The enlightenment project, however, must be seen in the context of others – civilisations and worldview.  Moreover, it is not perfection of society that must be sought as in the Western project, since this means the elimination of all that is other, nor is it the perfection of the self as in the hindu tradition, since this avoids structural inequity. It is the creation of eutopias – good societies. Technology balanced with the finer dimensions of human culture can provide that upward movement in history and Antonio Gramsci warned, we must not be excited by rubbish – A gaia of civilisations cannot occur in the context of the deep inequity of the world capitalist system.

A Gaia Of Civilisations

We thus need to imagine and help create social spaces so the new technologies participate in and allow for the coming of a real planetary culture, a gaia of civilisations; one where there is deep multi-culturalism and where the epistemologies of varied cultures – how they see self and other are respected – flourish.  To realise this, open communication and travel are necessary factors but they are not sufficient. Interaction amongst equals and not merely information transfer, that is to say a right to communication is needed as well.

Finally, instead of seeing culture as rigid and fixed, we need to remember that cultures have more resilience than governments give them credit for.  For example, while India might be made problematic by Disneyland, Indic civilisation will not be since it has seen the rise and fall of claims to world empire repeated many times. Pax Americana will go the way of the British Empire, which went the way of the Moguls.  Indeed, the strength of Indian culture and other historical civilizations (especially the West and particularly the United States) is its ability to localise the foreign, to localise english, to localise western MTV, to create its own culture industries. Culture and identity then is fluid. When the powerless meet the powerful, confrontation need not be direct. It could be at different levels, wherein the powerful are seduced then changed – where, at least in the Indian tradition, all enter as foreigners but leave culturally transformed, as eclectic hindus.

What we also learn from other cultures is that the new electronic technologies are just one of the possible technologies creating world space. Indeed they just act at the most superficial levels. As important as cyberspace is microvita space or the noosphere being created through our world imaginations. Indian mystic P.R. Sarkar reminds us that behind our wilful actions is the agency of microvita – the basic substance of existence, which is both mental and physical, mind and body.  Microvita can be used by minds (the image of monks on the Himalayas sending out positive thoughts is the organising metaphor here, as is the Muslim prayer in unison throughout the world with direction and focus) to change the vibrational levels of humans, making them more sensitive to others, to nature and to the divine. And as Sheldrake reminds, as images and beliefs of one diverse world become more common it will be easier to imagine one world and live as one world, as a blissful universal family.  The Web then can participate in the historical decolonisation process giving power to communities and individuals in the overall context of global human, economic, environmental and cultural rights.

Or can it?

Notes

[i].          The words of Pakistani socialist poet Faiz Ahmed Faiz.

[ii].          Nearly every brochure on the benefits on the new communication technologies begins with that phrase. The future is seen solely in technological terms.

[iii].         See, for example, William E. Halal, “The Rise of the Knowledge Entrepreneur,” The Futurist (Vol. 20, No. 7, November-December 1996), pages 13-16. Halal writes that in the US “Blue-collar workers should dwindle from 20% of the US work force in 1995 to 10% or less within a decade or two. …non-professional white-collar workers [will be reduced] from 40% to 20%-30%. The remaining 60%-70% or so of the work force may then be composed of knowledge workers. …meanwhile, productivity, living standards and the quality of life will soar to unprecedented levels,” page 13.

Also see, The Think Tank Directory in which it is reported that the number of think tanks have exploded from 62 in 1945 to 1200 in 1996. For more information on this email: grs@cjnetworks.com or write 214 S.W. 6th Avenue, Suite 301, Topeka, KS 66603, USA.

[iv].         One of the six schools of classical Indian philosophy. Only Brahman, the supreme consciousness, is postulated as real. Everything else is but an illusion – maya.

[v].         Majid Tehranian, “Totems and Technologies,” Intermedia 14(3), 1986, page 24.

[vi].         I am indebted to Ashis Nandy for this term, although he calls it, “A gaia of cultures.” See Eleonora Masini and Yogesh Atal, eds., The Futures of Asian Cultures (Bangkok, UNESCO, 1993) for more on this theme.

[vii].        See, S.C Gwynne and John F. Dickerson, “Lost in the E-Mail,” Time (April 21, 1997), pages 64-66.  They report on the dangers in businesses when bosses use email to berate employees, creating considerable ill-will and inefficiencies. Email exports the anger of the sender to the receiver. Diane Morse Houghten writes that “E-mail leaves a lot of blank spaces in what we say, which the recipient tends to fill with the most negative interpretation” (page 65).

To avoid sending the wrong message, four rules are suggested: “(1) Never discuss bad news, never criticize and never discuss personal issues over email. And if there’s a chance that what you say could be taken the wrong way, wlakd down the hall to discuss it in person or pick up the phone” (page 66).

[viii].       Lyn Simpson, head of the School of Communications, Queensland University of Technology reports on a disastrous result of an email sent to school students. Asked if they were interested in greater liaison/representation of students in faculty committees, she was treated to a barage of obscenities. When reminded that email was a privilege and not a right of registered students, the obscenities did not subside.  Whether this was because of pent up frustration of students towards the university or a response to the formal tone of Professor Simpson’s message is not clear. Certainly, none of them would have expressed vulgarities in face to face communication. Moreover, they were not bothered by the fact that their messages had their return email addresses on them, that is to say, they could be easily identified.

[ix].         For more on the temporal hegemony, particularly in the construction of the 21st century as neutral universal timing instead of as particular to the West, see Sohail Inayatullah, “Listening to Non-Western Perspectives” in David Hicks and Richard Slaughter, eds, 1998 Education Yearbook (Kogan Page, 1998).

[x].         Zia Sardar, “alt.civilizations.fax Cyberspace as the darker side of the west,” Futures, 27(7), September 1995, pages 777-995.

[xi].         On one public newsgroup the following message on May 6, 1996 was posted to the question: what would you do with an unconscious womans body?  According to Walter Sharpless, he would: Well if it were a 8 year old boy’s body, i would … the rest is too pornographic (even from extreme libertarian positions) to report especially since it concludes with  … Thank you for all your time. it has been very satisfying knowing you will read this.

In response, was the equally stunning response from Max Normal: “Now here’s a guy that needs therapy .. the twelve gauge kind! a 44 mag would be more in line … with the brain that is.” What is not contested is the pornographic nature of the initial question ie “what would you do with an ….”

Internet as necessarily a progressive form of knowledge? Perhaps not.

[xii].        Marshall McLuhan quoted in New Internationalist special issue titled, “Seduced by Technology: The human costs of computers” New Internationalist, 286, December 1996, page 26.

[xiii].       Zia Sardar, “The future of democracy and human rights,” Futures, 28(9), November, 1996, page 847.

[xiv].       Sohail Inayatullah, “Frames of Reference, The Breakdown of the Self and the Search for Reintegration” in Eleonora Masini and Yogesh Atal, eds. The Futures of Cultures (Bangkok, Unesco, 1993).

[xv].        See Vuokko Jarva, “Feminst Research, Feminist Futures, Futures (forthcoming). Also see, Vuokka Jarva, “Towards Female Futures Studies,” Rick Slaughter, ed., The Knowledge Base of Futures Studies: Directions and Outlooks. Vol. 3 (Melbourne, DDM Media Group, 1996), pages 3-20. Women’s inner circle of reproduction and the home will thus be transformed but without entry into the male sphere of production and the public – they will lose their traditional source of power and history, and as they are not participating in the creating of the new technologies, they will enter a new unfamiliar world with few sites to locate their selves. Indeed, the new technologies are attempts, argues Jarva, to dismantle the women’s sphere dimensions of the welfare state.

[xvi].       See Dale Spender, Nattering on the Net: Women, Power and Cyberspace (North Melbourne, Spinifex Press, 1996)  and Lynn Cherny and Elizabeth Reba Weise, eds., Wired_Women: Gender and New Realities in Cyberspace (Seattle, Seal Press, 1996). For an excellent review, see Carmel Shute, “Women With Byte,” Australian Women’s Book Review 8(3), October, 1996, pages 8-10.

[xvii].      Some, of course, are already doing this in sophisticated ways. Margarat Grace, June Lennie, Leonie Daws, Lyn Simpson and Roy Lundin argue in Enhancing Rural Women’s Access to Interactive Communication Technologies (Interim Report, The Communication Centre, Queensland University of Technology, April 1997) that email is a soft technology, it can be led in appropriate directions given the appropriate context.  In their research, they have found that by guided moderation, by creating conditions in which community and connectedness can develop, email can be beneficial for all concerned.  Thus it is not just the technology but the cultural framework. In their case, they found that a community was created among rural women in Queensland, Australia.  While contentious issues where not swept away, they were raised in gentle ways, wherein women would “test the waters” to see if a certain behavior was ok with others. It was done in a way not to make others wrong but to learn from each other.  This is in contrast to many user groups, private email communication, wherein since the emotional, face-to-face dimensions are not visible, small issues lead to troublesome relationships, undoing rather than enhancing communication. The conclusion by Grace and others is that email, given appropriate moderation and an appropriate cultural contest (in this case a womanist framework) can be a medium that helps create a more communicative society, at least among rural women.

[xviii].     Barrie Sherman and Phil Judkins, Glimpses of Heaven, Visions of Hell: Virtual Reality and its Implications (London, Hodder and Stoughton, 1992).  See chapter 14, “A New World for Women.”

[xix].       Comments given after the presentation of my paper on “Communication, information and the Net.” Paper presented at the “Women and the Net” UNESCO/SID meeting held in Santiago de Compostelo, Spain, May 20, 1997.  Wendy Harcourt is the principle organizer of this group. Lourdes Arzipe has provided the UNESCO leadership behing the women and the net project.

[xx].        Dale Spender quoted in Carmel Shute, “Women With Byte” page 9.

[xxi].       Ismail Serageldin in “Islam, Science and Values,” International Journal of Science and Technology, Spring 1996, 9(2), 1996, pages 100-114 compiles an impressive array of statistics.  “Items in the Library of Congress are doubling every 14 years and, at the rate things are going, will soon be developing every 7 years. …In the US, there are 55,000 trade books published annually. …The gap of scientists and engineers in North and South is vast with 3800 per million in the US and 200 per million in the South. … [Finally], currently a billion email messages pass between 35 million users, and the volume of traffic on the Internet is doubling every 10 months,” 100-101.  Of course, why anyone would want to count email messages is the key issue – as ridiculous would be to count the number of words said daily through talking, or perhaps even count the silence inbetween words.

[xxii].      Nicholas Negroponte, Being Digital (London, Hodder and Stoughton, 1995), page 230. For a critical view of such claims, see the brilliant essay by Kevin Robins, “The new communications geography and the politics of optimism,” pages 199-210 in Danielle Cliche, ed., Cultural Ecology: the changing dynamics of communications (London, International Institute of Communications, 1997).

[xxiii].     Bill Gates, The Road Ahead (London, Viking, 1995), page 273 quoted in Kevin Robins, op cit. reference 22.

[xxiv].     Mark Pesche, “Proximal and Distal Unity.” Paper available at: http:www.hyperreal.com/~mpesce/pdu/html. Quoted in Duane Elgin and Coleen Drew, Global Consciousness Change: Indicators of an Emerging Paradigm (San Anselmo, California, The Millennium Project, 1997). See, in particular, pages 6-9 on the global consciousness and the Communications revolution. They are hopeful that the emerging global brain – signified by the ever increasing web of communication conducted through the internet – will achieve a critical mass and turn on (page 8). Writes Peter Russel, “Billions of messages continually shuttle back and forth, in an ever-growing web of communication, linking billions of minds of humanity into a single system,” page 8. See, Peter Russell, The Global Brain Awakens (Palo Alto, California, Global Brain, Inc, 1995).

[xxv].      Stated on the television show Sixty Minutes, Channel 9, Brisbane, Australia, March 16.

[xxvi].     While these are optimistic forecasts, Roar Bjonnes reports that according to The Nation Magazine “368 of the world’s richest pople own as much wealth as 40% of the world’s poor. In other words, 368 billionaires own as much as 2.5 billion poor people. Moreover, the trend is toward greater inequity with the “share of global income between the world’s rich and the world’s poor doubling from 30-1 in 1960 to 59 to 1, in 1989. The information revolution will have to be quite dramatic to reverse these figures. Email: Rbjonnes@igc.apc.org, 13 August 1995. Bjonnes is former editor of Commonfuture and Prout Journal.

[xxvii].    Staff, “The Future of Warfare,” The Economist (March 8, 1997), page 21.

[xxviii].    Ibid.

[xxix].     For more on this see: Sohail Inayatullah, “United We Drink: Inquiries into the Future of the World Economy and Society,” Papers De Prospectiva (April 1995), pages 4-31.

[xxx].      “Niue takes moral stand on sex lines,” The Courier-Mail (February 20, 1997), page 19.

[xxxi].     P.R. Sarkar, The Human Society (Calcutta, AM Publications, 1984), page 97.

[xxxii].    P.R. Sarkar, Problem of the Day (Ananda Nagar, India, AM Publications, 1959), page 3. The corporatist framework of the the new information technologies, of the information superhighway, removes them from state control and from people’s democratic control. “This technology legitimates the hegemony of corporate interests,” writes Kosta Gouliamos. See Kosta Gouliamos, “The information highway and the diminution of the nation-state,” page 182 in Danielle Cliche, Cultural Ecology, op cit.

[xxxiii].    Julie Stephens, “Running Interference: An Interview with Gayatri Chakravorty Spivak,”  Australian Women’s Books Review, 7(3/4), 1995, page 27.

[xxxiv].   For more on the silence of animals, that is how discourse silences them, see New Renaissance, 5(2), 1995. The focus of that issue is on the silence of the lambs.

[xxxv].    Of course, few Islanders have managed to maintain this level of purity. Rather, land has been sold to others for short term profits.  However, by selling land (and not using it to develop through agro-industries and manufacturing), Pacific Islands remain locked at the bottom of the world capitalist system.

[xxxvi].   For more on the communicative role of silence, see The Unesco Courier (May 1996). The issue focuses on the ontology of silence.

[xxxvii].   Email transmission from Acarya Abhidevananda Avadhuta. March 1997. On Ananda-net.

[xxxviii].  Anthony Spaeth, “@ the Web of Power,” Time (February 17, 1997), page 67.

[xxxix].   Christopher Darden, “Justice is in the Colour of the Beholder,” Time (February 17, 1997), pages 30-31.

[xl].         Sherry Turkle, Life on the Screen: Identity in the Age of the Internet (London, Weidenfeld and Nicolson, 1996).

[xli].        Douglas Rushkoff, Children of Chaos (New York, HarperCollins, 1997).

[xlii].       “What’s happening in the global village,” Asian Mass Communication Bulletin 26(5), 1996, page 17. Also important is to note that “electricity is still not available for two billion people and many others have only intermittent access.” See, The Global Futures Bulletin, No. 38/39, July 1, 1997. Available on-line from the Institute of Global Futures Research, P.O. Box 683, NSW, 2022, Australia. igfr@peg.apc.org

[xliii].      Kathleen Grassel, “Mexico’s Zapatistas: Revolution on the Internet” New Renaissance (Vol. 7, No. 2, 1997, pages 22-23. They are just one example, hundreds of non-governmental organisation use the internet as a way to pressurize governments and corporations by making their policies more public. Email campaigns for world peace, to stop tortures of prisoners throughout the world or to save vegetarian orphanages as, for example, in Romania (on Ananda-net) where, for example, vegetarians sucessfully campaigned against a preliminary decision by a Romanian agency (Protection of Minors Agency) to close an award winning Ananda Marga school since it did not feed students dead/cooked animals ie meat. Inundated with faxes and letters from all around the world, including the entire gamut of vegetarian/health organisations, the Romanian agency relented. Whether this was because of the international nature of the pressure – because they did not want to be seen as parochial -or because of a change of heart towards dietary practices is not clear.

[xliv].      Zia Sardar, “Paper, printing and compact disks: the making and unmaking of Islamic culture,” Media, Culture and Society, 15, 1993, 56.

[xlv].       Although Kirpatrick Sale’s recent article makes this word now problematic. He argues that Ned Ludd’s effort were not simplistic attacks on technology but an understanding that the new technologies were increasing the power of the masters. “The Luddite idea has … flourished wherever technology has destroyed jobs, ruined lives and torn up communities.” Kirpatrick Sale, “Ned Ludd live!” New Internationalist, (286, December 1996), page 29. The entire issue is a must read. Ashis Nandy has taken a similar position in his essays sympathetic to the Gandhian critique of technology.

[xlvi].      For the problems and possibilities of this approach see, Ceees J. Hamelink, “Learning cultural pluralism: can the `Information Society’ help?” pages 24-43 in Danielle Cliche, Cultural Ecology.

Deconstructing the Information Era (1997)

By Sohail Inayatullah, 1997

Has The Future Arrived?

Many claim that with the advent of the web and internet, the future has arrived. The dream of an interconnected planet where physical labor becomes minimally important and knowledge creation becomes the source of value and wealth appears to now here. But perhaps the “cyber/information era” view of the future is overly linear, exponentially so, and forgetful that two-thirds of the world does not have a phone and much of the world lives over two hours from a phone connection.

While new technologies has speeded up time for the elite West and the elite in the non-West, for the majority of the world there is no information era.  Moreover, in the hyperjump to starspace, we have forgotten that while ideas and the spirit can soar, there are cyclical processes, such as the life and death of individuals, nations and civilisations that cannot be so easily transformed. There are more people making their living by processing ideas,[i]

Perhaps we are engaged in a non-productive pyramid scheme where we are getting further and further away from food production and manufacturing, building virtualities on virtualites until there is nothing there, as in advaita vedanta[ii] wherein the world is maya, an illusion.

The coming of the information era, ostensibly providing untold riches in bits of freedom for all, in fact limits the futures of others because it robs them of their future alternatives. Reality has become constructed as the worldwideweb, but perhaps this web is Max Weber’s iron cage – the future with no exit, wherein there is an inverse relationship between data and wisdom, between quick bytes and long term commitment, between engagement to technology and engagement with humans, plants and animals.  We know now from email culture that the twin dangers of immediacy and speed do not lead to greater community and friendship, rather they can lead to bitter misunderstandings.[iii]

Email then is perhaps not the great connector leading to higher levels of information but the great disconnector that gives the mirage of connection and community.  Email without occasional face to face communication can transform friendships into antagonistic relationships. Just as words lose the informational depth of silence, email loses information embedded in silence and face to face gestures.  The assimilation and reflection as well as the intuition and the insight needed to make sense of intellectual and emotional data are lost as the urgent need to respond to others quickens. Slow time, lunar time, women’s time, spiritual timeless time, cyclical rise and fall time and circular seasonal time are among the victims, leading to temporal impoverishment, a loss of temporal diversity where “21C” is for all instead of peculiar to Western civilisation.[iv]

Cybertechnologies thus create not just rich and poor in terms of information, but a world of quick inattentive time and slow attentive time. One is committed to quick money and quick time, a world where data and information are far more important than knowledge and wisdom.  Cybertechnologies not only create an information rich and poor but also an information quick and slow. Time on the screen is different from time spent gazing at sand in the desert or wandering in the Himalayas. Screen time does not slow the heart beat down relaxing one into the superconscious, rather we become lost in many bits, creating perhaps an era of accelerating information but certainly not a knowledge future or a future where the subtle mysteries of the world, the spiritual everpresent is felt.

This quickening of the self was anticipated by McLuhan in 1980.  “Excessive speed of change isolates already fragmented individuals. At the speed [speech] of light man has neither goals, objectives or private identity. He is an item in the data bank – software only, easily forgotten – and deeply resentful.[v]

Selves lose reflective space, jumping from one object to another, one Website to another, one email to another.  It is not a communicative world that will transpire but a world of selves downloading their emotional confusion onto each other.  Writes Zia Sardar, “Far from creating a community based on consensus, the information technologies could easily create states of alienated and atomised individuals, glued to their computer terminal, terrorising and being terrorised by all those whose values conflict with their own.”[vi] It is as if we have all become psychic with all thoughts interpenetrating creating a global schizophrenia.[vii]

THE GREAT LEAP FORWARD

But for cyber enthusiasts, new technologies give more choice. They reduce the power of Big business and Big State, creating a vast frontier for creative individuals to explore. “Cyberspace has the potential to be egalitarian, to bring everyone into a network arrangement. It has the capacity to create community; to provide untold opportunities for communication, exchange and keeping in touch.”[viii]

Cybertechnologies will allow more interaction creating a global ecumene. They create wealth, indeed, a jump in wealth.  The new technologies promise a transformational society where the future is always beckoning, a new discovery is yearly.[ix]

The oppressive dimensions of bounded identity – to nation, village, gender, culture – will all disappear as we move in and out of identities and communities.  It is the end of scarcity as an operating myth and the beginning of abundance, of information that wants to be free. The late 20th century is the demarcation from the industrial to the information/knowledge era. Progress is occurring now. Forget the cycle of rise and fall and life and death. That was but misinformation.

But while the growth data looks impressive and the stock of Microsoft continues upward, there are some hidden costs. For example, what of negative dimensions of the new technologies such as surveillance? Police in Brisbane, Australia use up to a 100 hidden cameras in malls to watch for criminal activities.[x]

Hundreds more are anticipated creating an electronic grid in central Brisbane. While this might be possibly benign in Brisbane (Aborigines might have different views though), imagining a large grid over Milosevic’s Yugoslavia or Taliban’s Afghanistan (or under Zia-ul Haq’s Pakistan where every “immoral” gaze would have led to arrest) it is enough to frighten the most fanatical techno-optimist. Or is it? Many believe that privacy issues will be forgotten dimensions of the debate on cyberfutures once we each have our own self-encryptors so that no one can read or enter us (the 21st century chastity belt). Technology will tame technology. Over time, the benefits of the new technologies will become global with poverty, homelessness and anomie all wiped out. All will eventually have access – even the poorest – as the billions of brains that we are, once connected, will solve the many problems of oppression.[xi]

While we have always imagined such a future, it is only now that technology allows it so.

While cyber-enthusiasts rightfully point to the opportunities of the one world created by new technologies. But they forget that the one world of globalism remains fundamentally capitalistic with the local (local economy and power over one’s future) increasingly being attacked. The tiny Pacific Island of Niue recently discovered that 10% of its national revenue was being sucked out through international sex-line services.[xii]

The information era as P.R. Sarkar points out is late capitalism, a system in which all other varnas – psycho-social classes and ways of knowing (the intellectual, the worker and the warrior)  – become the “boot lickers of the merchants.”[xiii]

And: “In order to accumulate more and more in their houses, they torture others to starvation … they suck the very living plasma of others to enrich the capabilities.”[xiv]

While intellectuals invent metaphors of postmodernity and post-industrialism, capital continues to accumulate unevenly, the poor become poorer and less powerful (however, they can now have a Website).  The information era still exists in the context of the world capitalist system – it is not an external development of it, and it will not create the contradictions that end it. The knowledge society or non-material society that many futurists imagine conveniently forgets humans’ very real suffering. But for virtual realities, we have virtual theories.

A REAL INFORMATION SOCIETY

Still, there are progressive dimensions to the new technologies. As Fatma Aloo of the Tanzanian Media Women’s Association argues, “They are a necessarily evil.”[xv]

Women and other marginalised groups must use and design them for their own empowerment or they will be further left out and behind.

What is needed then is the creation of a progressive information society. It would be a world sytem that was diverse in how it viewed knowledge, appreciating the different ways civilisations ordered the real.  It would not just be technical but emotional and spiritual as well and ultimately one that used knowledge to create better human conditions, to reduce dhukka (suffering) and realise moksa (spiritual liberation from the bonds of action and reaction). The challenge then is not just to increase our ability to produce and understand information but to enhance the capacity of the deeper layers of mind, particularly in developing the vijinanamaya kosa (where knowledge of what is eternal and temporal is realised).  Certainly, even though the Web is less rigid than a library, it is not the total information technology some assume – spiritual energies and shamanistic dissenting spaces cannot enter. Of course, underlying an alternative view of an information society is a commitment to prama or a dynamic equilibrium wherein internal/external and spiritual/material are balanced.

A GAIA OF CIVILISATIONS

We thus need to imagine and help create social spaces so the new technologies participate in and allow for the coming of a real global civilisation, a gaia of cultures. One where there is deep multi-culturalism, where the epistemologies of varied cultures – how they see self and other are respected – flourish.  To realise this, open communication and travel are necessary.  But certainly not enough.

What we also learn from other cultures is that the new electronic technologies are just one of the possible technologies creating world space. Indeed they just act at the most superficial levels. As important as cyberspace is microvita space or the noosphere being created through our world imaginations. Mystic P.R. Sarkar reminds us that behind our wilful actions is the agency of microvita – the basic substance of existence, which is both mental and physical, mind and body.  Microvita can be used by minds (the image of monks on the Himalayas sending out positive thoughts is the organising metaphor here, as is the Muslim prayer in unison throughout the world with direction and focus) to change the vibrational levels of humans, making them more sensitive to others, to nature and to the divine. And as Sheldrake reminds, as images and beliefs of one diverse world become more common it will be easier to imagine one world and live as one world, as a blissful universal family.  The Web then can participate in the historical decolonisation process giving power to communities and individuals in the overall context of global human, economic, environmental and cultural rights.

Or can it?

[i].          See, for example, William E. Halal, “The Rise of the Knowledge Entrepreneur,” The Futurist (November-December 1996), pages 13-16. Halal writes that in the US “Blue-collar workers should dwindle from 20% of the US work force in 1995 to 10% or less within a decade or two. …non-professional white-collar workers [will be reduced] from 40% to 20%-30%. The remaining 60%-70% or so of the work force may then be composed of knowledge workers. …meanwhile, productivity, living standards and the quality of life will soar to unprecedented levels,” page 13.

Also see, The Think Tank Directory in which it is reported that the number of think tanks have exploded from 62 in 1945 to 1200 in 1996. For more information on this email: grs@cjnetworks.com or write 214 S.W. 6th Avenue, Suite 301, Topeka, KS 66603, USA.

[ii].          One of the six schools of classical Indian philosophy. Only Brahman, the supreme consciousness, is postulated as real. Everything else is but an illusion – maya.

[iii].         See, S.C Gwynne and John F. Dickerson, “Lost in the E-Mail,” Time (April 21, 1997), pages 64-66.  They report on the dangers in businesses when bosses use email to berate employees, creating considerable ill-will and inefficiencies. Email exports the anger of the sender to the receiver. Diane Morse Houghten writes that “E-mail leaves a lot of blank spaces in what we say, which the recipient tends to fill with the most negative interpretation” (page 65).

To avoid sending the wrong message, four rules are suggested: “(1) Never discuss bad news, never criticize and never discuss personal issues over email. And if there’s a chance that what you say could be taken the wrong way, wlakd down the hall to discuss it in person or pick up the phone” (page 66).

[iv].         For more on the temporal hegemony, particularly in the construction of the 21st century as neutral universal timing instead of as particular to the West, see Sohail Inayatullah, “Listening to Non-Western Perspectives” in David Hicks and Richard Slaughter, eds, 1998 Education Yearbook (Kogan Page, 1998).

[v].         Marshall McLuhan quoted in New Internationalist special issue titled, “Seduced by Technology: The human costs of computers” New Internationalist, 286, December 1996, page 26.

[vi].         Zia Sardar, “The future of democracy and human rights,” Futures, 28(9), November, 1996, page 847.

[vii].        Sohail Inayatullah, “Frames of Reference, The Breakdown of the Self and the Search for Reintegration” in Eleonora Masini and Yogesh Atal, eds. The Futures of Cultures (Bangkok, Unesco, 1993).

[viii].       Dale Spender quoted in Carmel Shute, “Women With Byte” page 9.

[ix].         Ismail Serageldin in “Islam, Science and Values,” International Journal of Science and Technology, Spring 1996, 9(2), 1996, pages 100-114 compiles an impressive array of statistics.  “Items in the Library of Congress are doubling every 14 years and, at the rate things are going, will soon be developing every 7 years. …In the US, there are 55,000 trade books published annually. …The gap of scientists and engineers in North and South is vast with 3800 per million in the US and 200 per million in the South. … [Finally], currently a billion email messages pass between 35 million users, and the volume of traffic on the Internet is doubling every 10 months,” 100-101.  Of course, why anyone would want to count email messages is the key issue – as ridiculous would be to count the number of words said daily through talking, or perhaps even count the silence inbetween words.

[x].         Stated on the television show Sixty Minutes, Channel 9, Brisbane, Australia, March 16.

[xi].         While these are optimistic forecasts, Roar Bjonnes reports that according to The Nation Magazine “368 of the world’s richest pople own as much wealth as 40% of the world’s poor. In other words, 368 billionaires own as much as 2.5 billion poor people. Moreover, the trend is toward greater inequity with the “share of global income between the world’s rich and the world’s poor doubling from 30-1 in 1960 to 59 to 1, in 1989. The information revolution will have to be quite dramatic to reverse these figures. Email: Rbjonnes@igc.apc.org, 13 August 1995. Bjonnes is former editor of Commonfuture and Prout Journal.

[xii].        “Niue takes moral stand on sex lines,” The Courier-Mail (February 20, 1997), page 19.

[xiii].       P.R. Sarkar, The Human Society (Calcutta, AM Publications, 1984), page 97.

[xiv].       P.R. Sarkar, Problem of the Day (Ananda Nagar, India, AM Publications, 1959), page 3.

[xv].        Personal Comments to the author, Santiago de Compostelo, Spain, May 20, 1997.

Rethinking Tourism (1995)

By Sohail Inayatullah

Unfamiliar Histories and Alternative Futures  

DECONSTRUCTION  

This essay seeks to deconstruct tourism.  We ask: what are the futures of tourism and how does the idea of the tourist circulate in the discourse of modernity?  We are not concerned with providing empirical data or giving futuristic projections, rather our task is to make the underlying scheme–the boundaries of knowledge that make the idea of tourism intelligible–problematic.

We seek then to disturb our normal notions of what it means to be a tourist. We do not seek to give yet another plan, a list of policy implications that are to be debated, rather the effort is to take a step back and a step forward.  By moving through time, we hope to make the present less familiar, to take it out of its essentialized, concrete quality, and perhaps make it somewhat liminal–to make it less frozen, less impossible to change. We seek then to transform the present.

Our move into history is to make present notions of tourism peculiar, not universal.  Our move into the future is to distance ourselves from the present, to see the present afresh in light of what can be.  These futures, while derived through various methodologies, are important not because they might occur but how because they force us to reconsider the present.  This is especially important as we have been in the 15th century for over 14 years now (within the framework of Islamic temporal dynamics), and already the freshness of the future has become stale.

THE TRAVELLER/PILGRIM  

Staying within Islamic perceptions of travel and time, perhaps the best classical tales of tourism are the accounts of Ibn Battuta, Travels in Asia and Africa: 1325–1354.  There were no tourists then but there were travellers or pilgrims.  Within this world, the Islamic world, all muslims had to travel, they had to make the pilgrimage to Mecca. Indeed, travel or the accumulation of wisdom was the essence of Islam.  Traveling, visiting wise people, finding holy sites, was an integral part of life. “The pilgrim on his journey travelled in a caravan whose numbers increased at every stage. He found all arrangements made for his marches and his halts (what we now call the travel agent), and if the road lay through dangerous country (that is bad food and rude visa officers), his caravan was protected by an escort of soldiers (immigration personnel and information booths).  In all large centers as well as many intermediate stations were rest houses and hospices where he was hospitably welcomed and entertained out of endowments created by generations of benefactors” (Battuta, 4).

There was then an ecology of travel, where previous generations took care of future ones.  While “this was the lot of every pilgrim, the [wise person] received still greater consideration” (5). Islam then provided an incentive to travel unknown in any other age or community–as it was said, “my house is your house.”  Of course, Hawaiians had a similar system but the response by the West was “first, your house is my house, and then: get out, this is my house!”

Travel for Ibn Battuta was about learning differences. In Ceylon, the idolaters (the Buddhists) served him rice on banana leaves and leftovers were eaten by the dogs and birds.  However, “if any child, who had not reached the age of reason, ate any of it, they would beat him, and make him eat cow dung, this being, as they say, the purification for the act” (94).

While in Turkey, Ibn Battuta, met the Christian Emperor George, who after being satisfied that Ibn Battuta knew something about the holy land, was given a robe of honor.  “They have a custom that anyone who wears the king’s robe of honor and rides his horse is paraded round with trumpets, fifes and drums, so that the people may see him” (157).

This was an era where the Idea of the transcendental was supreme, where there was an integrated code of ethics: a clear sense of the self, a clear sense of the text which gave the world meaning, and a clear sense of what happened if one did not fit into the system.  The self travelled to gain spiritual knowledge.  The traveler, poor or rich was respected, since traveling was fraught with difficulties. Traveling indeed was isomorphic with the spiritual journey of the Self.

Of course today in Mecca, the modern planner has entered. In an attempt to make the pilgrimage more efficient–the long walk between religious sites–a huge highway was installed. Instead of increasing efficiency, the highway is now flooded with buses and cars, making it still easier to walk, although the noise and pollution from the traffic is an additional burden the pilgrim must bear.

Moreover the idea that travel itself leads to the broadening of the mind is not so certain.  As R.J. Scott has argued in his paper, “The Development of Tourism in Fiji since 1923.”

Today, travel, far from broadening the mind is actually contriving to shrink it. Along with the benefits of efficiency and labor saving that the package tour concept has brought, with it comes the concomitant danger of stultifying sameness. As our people in Fiji go about their daily task of serving the visitors we see an endless  succession of the same little old ladies, with the same blue hair rinses, spending the same life insurance money and speaking in the same accents of the same things which have penetrated their similar perceptions.  And what of little old ladies? As they climb in and out of their same cars, their same planes, their same hotel beds, as they eat the same foods, drink the same drinks and buy the same souvenirs is it to be wondered that many cannot tell form one day to the next which country it is they presently visiting?  These people travel the world like registered parcels, blindly unaware of the local populations, their aspirations, problems and tragedies. Instead of promoting mutual understanding they promote mutual contempt (212).

WHO ARE TODAY’S TOURISTS  

But more than retired old ladies are four types of tourists. They are the merchants–the business class in search of the ultimate deal. Travel for them is the perfect hotel and relaxation afterwards–local sex and alcohol. They are the warriors–the military bases with relaxation not nightly but during R&R periods–Bangkok and Manila reflect that social practice. They are the intellectuals–going from conference from conference, creating a conference culture, taking photos of sacred spots, sometimes in search of spiritual adventure, but often in search of the Other that their own culture cannot provide. While intellectuals often notice the contradictions of their conference culture, finding ways to include the local with global information culture, except as a site for research, has proved more elusive. And last of all they are the middle-class and workers–mass tourism.  Joining package tours that minimize risk and difference, they travel to forget their daily lives, leaving convinced that they have met the Other and equally delighted that McDonalds and Coca-Cola have entered all local spaces.

THE CULTURAL DIVISION OF TOURISM  

What then is the larger framework to understand the present of tourism?  Just as there is a global division of labor, there is also a global division of tourism,  Asian nations provide raw materials in the form of the environment (jungle and beaches, although this because of environmental crises is becoming less available) and raw bodies (in terms of prostitution and the erotic although this too is becoming problematic because of AIDS) and most importantly they provide premodern culture (which again is becoming less available because of the homogenization of global culture). The premodern is necessary for the West as it provides evidence of Western superiority, of the linear flow of history from caveman to Cambridge. It also gives hope to the West, providing a communitarian alternative to the fatigue of Western individualism.

The West manufactures rationality creating Asia and Africa as the Other–the land of the exotic and erotic–as the irrational.  It exists to be studied by social scientists, developed by international policy experts, and visited by tourists. In search of traditional culture, the West also helps transform culture into custom, creating “museumized” cultures where living culture is frozen so as to best present it to the tourist.  Culture as resistance, appearing on the margins of official and conventional definitions of reality, is lost in this representation of history.

The West also manufactures tourism services and the idea of Tourism itself, which we have suggested is not a universal concept but a particular idea by a specific culture.  It also provides the high-end dimension of tourism, the post-modern artificial intended world–Disneyland.  While tourists go to Asia to seek the premodern, god and sex, tourists go to the West to seek the future of high technology and postmodernity.  Western tourism is the high-tech museum, the theme park, where space and time are appropriately compressed since there is so much to see and so little time to see it in.  Space has become unbounded, easy to commodify, and inversely time has become rapidily scarce, diminishing by the moment.

Tourism development or research on tourism policy is merely the effort of nations to move up and down the tourism division change, by for example, having their own airline, reducing leakage of profits, and by reducing the social costs of tourism (eco-tourism, tamed tourism or tourism on our own terms).

Tourism then fundamentally is part of the broader development paradigm first articulated by Herbert Spencer.  Tourism is merely the last and latest effort in becoming rich through appropriating the categories of “women,” “labor,” “history,” “culture,” and “environment,” and using them to extract surplus value from the periphery to the center.

DEVELOPING A CRITERIA FROM WHICH TO EVALUATE TOURISM

But of course many of will disagree, arguing that tourism is necessary for cultural exchange, for jobs, for creating a cosmopolitan city, for becoming modern.  Maybe, Maybe not.  For planners and policymakers the problem is that there is little consensus on the value of tourism, there is of yet not agreed upon criteria from which to judge tourism.  What follows is one effort.

(1) How does tourism affect the distribution of wealth?  Can we develop tourism that increases the wealth of the poor? Can tourism profits be indexed to a ceiling and floor system, with the limits to profit accumulation changing as the floor rises, as workers increase their wealth?

(2) Does tourism created conditions where economic growth is sustaining that is where there are numerous multiplier effects for the local and regional economy?

(3) Does tourism reduce structural violence (poverty, ill-health, and racism caused by the system) or does it contribute to the further impoverishment of the periphery?

(4) Does tourism reduce personal direct violence? Can we create types of tourism that enhance individual and social peace?

(5) Does tourism create the possibilities for cultural pluralism, that is conditions where one culture understands the categories of the other culture–time, language, relationship to history, family, transcendental, and land? Can knowledge of the Other reduce intolerance, creating the possibilities of a multi-cultural peaceful world?

(6) Does tourism help create economic democracy, that is, where employees participate in creating visions of tourism, where they might even own part of the industry?

The values above are: distribution, growth, structural peace, personal peace, cultural pluralism, and economic democracy. Drawing from these and other divergent values, what is needed is a dialog in the tourism policy community to help develop an index of tourism sustainability.

THE FUTURES OF TOURISM

However, the problem with this criteria is that it assumes that the idea of the tourist will remain stable. But just as Ibn Battuta could not imagine the transformation from traveler/pilgrim to tourist, we cannot easily imagine new categories that will displace tourism.  But by using emerging issues and current images of the future, we can attempt to break out of the present.

(1) Virtual Reality

Assuming that developments in virtual reality continue, we may soon be able to don a helmet and practice safe travel (through various information highways) and safe sex.  Iindeed it is sex that will bring computers in our homes in the next century, not banking, nor games, but virtual reality sex.  Technology will have finally captured nature–making it obsolete. Why travel, when reality and imagination are blurred anyway?

Traditional tourism was there to forget.  Eco-tourism or the sophisticated tourist is in search of more varied experiences. The postmodern self is empty, the task is to fill it with cultural, environmental experiences of the other. The ancient traveler travelled to remember–he or she went to the place that reminded one of one’s place in the cosmos. In the virtual self, there is no longer any place, we are all homeless, nor is there any self to hold on to.

(2) Genetic Engineering

While genetic developments will start out quite harmless, but since all of us want to avoid abnormalities, various genetic diseases, we will insist on being examined by our family genetic engineer.  But soon this may lead not to disease prevention but capacity enhancement.  Intelligence, memory, body type and beauty will be open for discussion.  Birthing will eventually be managed by State factories and we will be the last generation to produce children the old fashioned way.  The biological cycle will have been terminated by technology and women will essentially be not any different than men once their reproductive capabilities become unnecessary.

What will tourism be like in this world? Will we find a tourism gene?  Will there be mutant centers we go to visit? Will culture be totally destroyed? Homogenized? Or will we become the museums which the genetically born come to see?  Will traditional human society become the exotic that the post-humans come to stare at?

(3) World Travel and World Governance

Travel has begun the process of creating a narrative in which there is no longer any allegiance to a particular place. We are becoming deterritorialised, delinking ourselves from land and the nation. The loneliness that results from this discontinuity with history might be resolved not through the search of one place but the realization that the planet in itself is home.  Tourism is then about moving onward to sites not seen, perhaps even other planets.  In the meantime, a world government with no visa requirements would enhance the further universalization of travel and tourism.  We would all be perpetual immigrants forever traveling and never fearing deportation.

(4) Spiritual-Psychic Travel

A few argue that we will soon be able to pyschically travel.  It will be similar to virtual reality, but through enhanced mental powers.  Or we may be able check in our body, and let our mind travels through technologies that merge mind and body.  Travel becomes not body based but psychic based, perhaps like the imagination that comes from reading, but more visceral.

ALTERNATIVE FUTURES OF TOURISM

Given these emerging trends what are some scenarios of the future?

(1) Gradual Growth

Tourism stays the same but grows. Government and community organizations buffer the negative economic impacts of tourism (through dialog, developer fees, low cost housing, reciprocity), and reduce the negative cultural impacts of tourism (through community development and through “authentic” cultural events).

(2) Technological Transformation

Tourism is transformed through new technologies. Virtual reality, telecommuting, new brain/mind drugs, even spiritual practices lead to decreased travel since one can be home and elsewhere at the same time. Tourism disappears from our social constructs.

(3) Structural and Epistemological changes

Tourism is transformed as both the structure of tourism (corporate, hierarchical, and capital-intensive) and the epistemology of tourism (fragmented selves in search of wholeness or defeated selves desiring to forget) are transformed. Tourism employees participate in the ownership of tourism centers (and thus create real aloha), small scale centers where the traveler or pilgrim reemerges, and selves expand through cultural interaction and renewal.  Tourism volume declines but becomes more enriching for workers and local population.  Changes in the inter-state system leads to less reduced national sovereignty (a borderless world for capital and labor) with travel a basic right.

(4) Tourism Collapses

Environmental crises such as changing weather patterns, an economic depression, and violent resistance from local cultures cause tourism to decline. Tourism becomes too costly and dangerous except for the very few.

Will then the future tourist be the voyager or the eternally homeless or the satisfied homeful?  While we cannot predict the future, these scenarios alert us to the range of possibilities ahead. Developing criteria for analysing tourism futures can help us create our own preferred visions of tourism.  Within each one of these scenarios we can develop separate criteria for tourism.  Tourism policies would need to shift as futures changed. In a depression, Hawaii, for example, might be desperate for any type of money–to becoming the Las Vegas of the Pacific to the Bangkok of the Pacific.

What we can be sure of then that tourism in the future will be dramatically different from tourism today, just as the tourist of today is dramatically different from the traveller of yesterday. Technology, social relations, the construction of the self all will be quite different in the near future.

In the meantime, we need to develop and find consensus on criteria from which to judge tourism.  Our criteria focuses on a tourism that (1) enhances distribution of wealth and cultural meanings, (2) that creates conditions for innovative and dynamic growth at local levels, (3) that reduces structural violence, (4) that does not increase personal violence, (5) that leads to authentic cultural encounters where cultures learn how each constructs the Other, among other issues this means adopting the categories of the host culture, and (6) that transforms the local political economy to one based on economic democracy–that is, the cooperative structure.

STRATEGIES FOR TRANSFORMATION  

What about strategies for transformation? There are many levels to this.  First is supporting alternative community development models of tourism–giving funds and publicity, if they desire it.  Second is working towards an alternative model of culture, knowledge and transactions–individually, intellectually and through the institutional government system.

But beyond agency, change comes about through long-term structural changes. These are the macro historical cycles: Sorokin’s sensate to ideation, Eisler’s patriarchy to matriarchy, Sarkar’s four stage theory of history of worker, warrior, intellectual, capitalist and then revolution.  For there to be an alternative form of tourism, predatory capitalism must be met head on.  While this might be impossible at the national level it is possible at the local level and at the global level: that is, a new world governance system with a new model of economics.   While this might be hard to believe, let us turn to another muslim traveler, Ibn Khaldun, who lived six hundred years ago. Having seen transformation in Europe, Africa and Asia and the Middle-East, he offers us these words.

At the end of a dynasty, there often also appears some (show of) power that gives the impression that the senility of the dynasty has been made to disappear.  It lights up brilliantly just before it is extinguished, like a burning wick the flame of which leaps up brilliantly a moment before it goes out, giving the impression it is just starting to burn, when in fact it is going out (246).

We should expect the fantastic and be ready to create it.

REFERENCES

Ibn Battuta, Travels in Asia and Africa: 1325–1354. London, Talk & D Paul,1929.

Ibn Khaldun’s Muqaddimah ed. N.J. Dawood, trans. Franz Rosenthal. New Jersey, Princeton, 1967.

R.J. Scott, “The Development of Tourism in Fiji since 1923,” Suva, Fiji Visitor’s Bureau, 1970. See also Sinoe Tupouniua, Ron Crocombe, Claire Slatter, The Pacific Way. Suva, South Pacific Social Sciences Association, 1975.

P.R. Sarkar, Prout in a Nutshell. Calcutta, AM Publications, 1990.

______________________________________________________________

This essay was originally given as a speech to the annual meeting of the Hawaii chapter of the American Planning Association at Tokai University, Honolulu, Hawaii. April 20, 1993.  Dr.  Sohail Inayatullah is a political scientist/futurist curently at the Communication Centre, Queensland University of Technology. Brisbane 4059

The Rights of Robots (1988)

Technology, Culture and Law in the 21st Century

By Phil McNally and Sohail Inayatullah*

INTRODUCTION

In the last five years, the Hawaii Judiciary has developed as part of its comprehensive planning program, a futures research component.  Initially futures research was largely concerned with identifying emerging issues; that is issues that are low in awareness to decision makers and high in potential impact.1

At present the Courts futures program is engaged in a variety of activities.  Researchers study the impact of possible legislation on the Judiciary, forecast future caseloads, publish a newsletter of emerging issues, trends, and research findings2, and provide research information to decision makers as to the future of technology, economy, population, management and crime.

However in the past few years of concentrating on short and medium term futures, we have remained fascinated by one long term emerging issue‑‑the Rights of Robots.

The predictable response to the question: should robots have rights has been one of disbelief.  Those in government often question the credibility of an agency that funds such research.  Many futurists, too, especially those concerned with environmental or humanistic futures, react unfavorably.  They assume that we are unaware of the second and third order effects of robotics‑‑the potential economic dislocations, the strengthening of the world capitalist system, and the development of belief systems that view the human brain as only a special type of computer.

Why then in the face of constant ridicule should we pursue such a topic.  We believe that the development of robots and their emerging rights is a compelling issue which will signficantly and dramatically impact not only the judicial and criminal justice system, but also the philosophical and political ideas that govern our societal institutions.

In the coming decades, and perhaps even years, sophisticated thinking devices will be developed and installed in self‑propelled casings which will be called robots.  Presently robots are typically viewed as machines; as inanimate objects and therefore devoid of rights.  Since robots have restricted mobility, must be artifically programmed for “thought,”lack senses as well as the emotions associated with them, and most importantly cannot experience suffering or fear, they, it is argued, lack the essential attributes to be considered alive.  However, the robot of tomorrow will undoubtedly have many of these characteristics and may perhaps become an intimate companion to its human counterpart.

We believe that robots will one day have rights.  This will undoubtedly be a historically significant event.  Such an extension of rights obviously presupposes a future that will be fundamentally different from the present.  The expansion of rights to robots may promote a new appreciation of the interrelated rights and responsibilities of humans, machines and nature.

With such an holistic extension of rights to all things in nature from animals and trees to oceans comes a renewed sense of responsibility, obligation and respect for all things.  Certainly these concepts are foreign to the worldview of most of us today.  The burden of this paper is then to convince the reader that there is strong possibility that within the next 25 to 50 years robots will have “rights.”

CULTURAL PERSPECTIVES 

The definition of rights has been historically problematic.  In part, it is an unresolved problem because there are numerous disparate definitions of what constitutes “rights.”  These fundamentally different views are largely politically, institutional and culturally based.  Those in or with power tend to define rights differently then those out of or without power.  In addition, cultures with alternative cosmologies define notions of natural, human, and individual rights quite differently.

Historically, humanity has developed ethnocentric and egocentric view of rights.   Many notions of “rights” reflect the 16th century views of Newton’s clockwork universe and Descarte’s rationality as well as the emerging Protestant ethic.  The impact of such views upon thinkers of the Enlightenment like John Locke, Jean Jacques Rousseau and Thomas Hobbes was profound.  In Leviathan, Hobbes vividly illustrated the problem of existence.  For Hobbes, life without legal rights (as provided by governing institutions) was one of “continual fear, of violent death; with the life of man, solitary, poor, nasty, brutish and short.”3  With the development of Western capitalism and rationality, suddenly man assumed dominance over nature and replaced God as the center of the universe.  Thus natural rights of man became institutionalized, bureaucratized and formalized and like legal systems developed along rational lines so as to provide the necessary stability and predictability for the growth of market capitalism.

In addition, this Western capitalistic notion of governance led to the loss of individual efficacy as well as the elimination or subjugation of rights of nature, women, non‑whites, and religious groups.  For capitalism to thrive, for surplus to be appropriated, a division of capital, labor and resources must exist; that is there must be capitalists who exploit and the underclass‑‑the environment, the internal proleteriat and the external colonies‑‑who must be exploited.  To provide an ideological justification of exploitation, it was necessary to percieve the exploited as the “other” as less than human, as less then the agents of dominance.  Thus, nature, those in the colonies and the underclass within industrialized nations (women and the proleteriat) had to be deined certain rights.  The denial of rights for nature, in addition, found its ideological justification from Christianity and the classical Cartesian separation in Western thought between mind/body, self/environment and self/nature.   Similarly and unfortunately from our persepective, the possibility of robotic rights in the future is tied to the expansion of the world capitalist system.  Robots will gain rights only insofar as such an event will lead to the further strengthening of the capitalist system.  Most likely they will gain rights during a system crisis; when the system is threatened by anarchy and legal unpredictability‑‑a condition that paradoxically may result from developments in artificial intelligence and robotics.

Other cultures however provide a different if not fresh perception of the meaning and purpose of rights that is in marked contrast to the historical and present Western position.  For example, American Indian Jamake Highwater states in The Primal Mind, “whites are extremely devoted to limiting the rights of individuals and preventing anarchy, which is greatly feared in individualized cultures…by contrast the Indian, generally speaking, does not recognize the individual and therefore has not formulated strict regulations for its control”4

The Indian recognizes the collective.  This collective is more than the aggregate of individuals in his his tribe.  It is rocks, trees, sacred grounds, animals‑‑the universe itself.  Thus for the Indian, there exists a harmony between Nature and the individual; a relationship characterized by sharing, caring and gratitude, not dominance.

Social philospher, activist and mystic P.R. Sarkar states in Neo‑Humanism: The Liberation of the Intellect5 that we must develop a new humanism that transcends the narrow outlooks of the ego.  We must transcend our attachments to our nation, to our religion and to our class.  In addition, humans must include animals and plants and all of life in definitions of what constitutes “real” and ” important.”  We cannot neglect the life of animals and plants.  Of course, this is not to say there should not be hierarchy among species especially as human life is rare and precious; still our economic development decisions, our food decisions must take into consideration plants and animals as participants. The rights of technology is a legitimate concern from the Eastern perspective because all‑that‑is is alive. The universe is alive.

Sarkar also forecasts the day when technology will have “mind” in it.  While this may seem foreign to the Western notion of mind, for Sarkar “mind” is in all things.  Evolution is the reflection, the development of this mind towards total awareness, towards Godhood, Self‑realization.  Humans in general have the most developed mind, animals less, plants even lesser and rocks the least.  Once technology can develop and become more subtle, then it, like the brain, can become a better carrier of the mind.  Mind is constantly “looking” for vehicles to express itself.  Nothing is souless, although there are gradations of awareness.6

The Buddhist notion is similar to this.  For the Buddhist, the self is always changing: evolving and deevolving.  Defining humans as the sole inheritors of the planet at the expense of other sentient beings leads to hubris and evil.  Again, the Buddha, nor any of his future disciples, developed an explicit rights for robots; however, his perspective certainly involves seeing All as persons not as things.

From the American Indian, Yogic Sarkarian and the Buddhist perspective, we must live in harmony with nature, with technology‑‑things do not exist solely for our use as humans, life exists for itself, or as a reflection of the Supreme Consciousness.  Animals and Plants, then, as well as robots, should have rights not because they are like humans, but of what they are, as‑themselves.

Chinese cultural attitudes towards the notion of rights also offer a decidedly different approach than that of the West.  From this perspective, the legal norms of rights, established by man, are held as secondary to natural rights.  Clarence Morris in The Justification of the Law argues that for the Chinese, harmony instead of dominance is more important.7  For example, “few Chinese scholars prize law in general or the imperial codes in particular: most of them hold that proper conduct is consonate with the cosmic order and therefore is determined not by law but by natural prppriety.”8

Morris continues in the vein of natural law noting that “we live in an unsuperstitutious world‑‑in which enforceable legal obligations (are) human artifices, and the laws of nature, in themselves, (do) not indicate where earthly rights (lay)‑‑man inevitably (has given) up the primitive practice of prosecuting brutes and things.  So beasts and trees no longer (have) any legal duties.  Westerners who gave up the conceit that nature had legal duties also became convinced that nature has no legal rights.”9

Morris believes that nature should be a party to any case, not for man’s purpose but for its purpose.  Nature should have rights.  “Nature should no longer be dislocated on whim or without forethought about the harm that may ensue; he who proposes dislocation should justify it before he starts.”10  Certain authorities should then be designated as nature’s guardians in the same way that children who cannot represent themselves have guardians.  In addition, writes Morris:11

When legal rights are, by statute, conferred on feral beasts, green forests, outcroppings of stone, and sweet air, and when these legal rights are taken seriously, men will respect these duties in much the same way as they respect their other legal obligations.

NATURE AND ROBOTS

This neo‑humanistic type of thinking can and, we believe, should apply to robots as well.  Eventually humans may see robots in their own right, not only as our mechanical slaves, not only as our products, as ours to buy and sell, but also entities in their own right.  Of course, at present the notion of robots with rights is unthinkable, whether one argues from an “everything is alive” Eastern perspective or “only man is alive” Western perspective.  Yet as Christopher Stone argues in Should Trees Have Standing?‑‑Toward Legal Rights for Natural Objects, “throughout legal history, each successive extension of rights to some new entity has been, theretofore, a bit unthinkable.  We are inclined to suppose the rightlessness of rightless “things” to be a decree of Nature, not a legal convention acting in support of some status quo.”12

Stone reminds us of the obvious but easily forgotten.  Human history is the history of exclusion and power.  Humans have defined numerous groups as less than human: slaves, woman, the “other races”, children and foreigners. These are the wretched who have been defined as, stateless, personless, as suspect, as rightless.  This is the present realm of robotic rights.

The concept of extending right to nature represents a dialectical return to a holistic sense of natural rights. Once a renewed respect of the rights of all things to exist is established then an understanding of the legal dimensions of human‑made creations, such as robots, can emerge.

As we enter a post‑industrial technology‑driven society, we need to ressess our interconnected relationship with nature and machines as well as the notions of rights associated with this new relationship.

Computer and robotic technology are not only modernizing traditional industries, they are also creating numerous new opportunities and problems in space, genetic engineering, and war and defense systems.  The adaption of these new technologies in education, healthcare and in our institutions as well as in our models of thought are inevitable and may, through proper forecasting and control, be positive.  Any continued attempt to ignore the needs of technology or to deter its use would be foolish and impossible.  Yet, in many ways that is pricisely what we continue to do.  Presntly, the foundation of the American Constitution and the Bill of Rights, “obviously reflects the technological and political issues of 18th century English society…what we continue to do is restructure and reinterpret it to fit an ever more rapidly evolving technological society.”13  Perhaps, what we really need to do, is to rewrite, or video, the Constitution in the light of future trends and issues.

The Constitution could be rewritten to include the rights of trees and streams, robots and humans.  Of course, we are not aruging that robots should have the same rights as humans, rather, that they are seen as an integral part of the known universe.  In addition, although we are not advocating the worship of technology, yet with ” the genie of technology having been let out the bottle and (as it) can be force(d) back in,” 14 social planning for robots must be attempted.

ROBOT TECHNOLOGY

The rapid impact of computers upon the world since the development of the first computer, UNIVAC in 1946, has been profound.  As little as ten years ago, the thought of having a personal computer at one’s office desk, home, or grade school seemed far‑fetched indeed.  Now personal computers are accepted complacently as part of our modern world.  Computer brains run cars, stereos, televisions, refrigerators, phone systems, factories, offices, airplanes, and defense systems, to name a few examples.  The next progression of the computer as a mobile unit, robot, may like the personal computer, become a common and essential companion at home and in the workplace.

At the vanguard of computer technology is the development of artificial intelligence (AI) and the creation of living computer circuitry called “biochips.”  The development of “AI” requires the computer to make a jump in inference, a quantum leap over miscellaneous data, something a programmed machine has been unable to do.  Literally, the computer must skip variables rather than measure each one.  It is not quite a mirror of the human gestalt “aha” illunimation of a decision but similar.

One of the essential difficulties in developing such a thinking computer is the problem of converting the holistic process of thought into the linear description of written language.  Common sense reasoning does not conform to the logic of computer languages as FORTRAN.  “For instance there is no program around today that will tell the difference between a dish and a cup.”15  What is needed is the development of a new language for programming which combines the multiple meanings of Chinese pictography with the preciseness of Western script.

The development of living “biochips” will further blur the definition of a living machine.  By synthesizing living bacteria, scientists have found a way to program the bacteria’s genetic development to mimic the on and off switching of electronic circuitry.  Many scientists presently feel silicon miniturization has reached its limit because of the internal heat that they generate.  The “biochip” is then expected to greatly expand the capabilities of computerization by reaching the ultimate in miniaturization.  “Biochips” also will have the unique ability to correct design flaws.  Moreover, James McAlear, of Gentronix Labs notes, “because proteins have the ability to assemble themselves the (organic) computer would more or less put itself together.”16

In the creation of a living computer system “we are, according to Kevin Ulmer of The Genex Corporation, making a computer from the very stuff of life.”17  Eventually it is expected that these systems will be so miniturized that they may be planted in humans so as to regulate chemical and systemic imbalances.  As these chips are used to operate mechanical arms, or negate brain or nerve damage the issue of man‑robots, cyborgs, will arise.  The development of such organic computers is expected in the early 1990’s.  This new technolgical development will force a redefinition of our conception of life.

During this explosive era of high‑tech innovation, contact between machine with artificial intelligence and humans will rapidly increase.  Computer intelligent devices, especially expert systems, are now making decisions in medicine, oil exploration, space travel, air traffic control, train conduction, and graphic design to mention a few areas of impact.

The greatest attribute of an expert system is its infinite ability to store the most minute information and its tremendous speed at recalling and cross referencing information to make instantaneous conclusions.  The greatest drawback will be in convincing people to trust the computers decisions.  This, mistrust, however, will be signficantly reduced as robots in human form (voice, smell, sight, shape)‑‑androids‑‑are developed.

In deciding if computers can make experts decisions, we must first delineate the attributes of an expert?  Randall Davis of MIT provides the following definition: “(1) they can solve problems; (2) they can explain results; (3) they can learn by experience; (4) they can restructure their knowledge; (5) they are able to break rules when necessary; (6) they can determine relevance; and (7) their performance degrades gracefully as they reach the limits of their knowledge.”18  Presently computers are capable of achieving the first three stages but cannot reprogram themselves or break rules, a decidedly human trait.

ARE ROBOTS ALIVE?  

Robots presently are construed to be dead, inanimate.  However, an argument can be made that with advances in artificial intelligence, robots will be considered “alive.”  Sam N. Lehman‑Wilzig in his essay titled “Frankenstein Unbound: Towards a legal definition of Artificial Intelligence”19 presents evidence that Artificial Intelligence (AI) machines already created or theoretical possible will be by most definitions alive.  We quote extensively from this landmark article:

By any definition the present powers of AI machines are both impressive and worrisome.  Cyberneticists have already created or proven that AI constructs can do the following:20

(1)  “Imitate the behavior of any other machine.”21

(2)  Exhibit curiosity (ie are always moving to               investigate their environment); display self‑recognition (ie react to the sight of themselves); and manifest mutual recognition of members of their own machine species.22

(3)        Learn from their own mistakes.23

(4)        Be as “creative” and “purposive” as are humans, even to the extent of “look[ing] for purposes  which they can fulfill.”24

(5)        Reproduce themselves, in five fundamentally different modes, of which the fifth‑‑the “probabilistic mode of self‑reproduction”‑‑closely  arallels biological evolution through mutations (which in the case of [machines] means random changes of elements), so that “highly efficient, complex, powerful automata can evolve from inefficient, simple, weak automata.”25

(6)        “Can have an unbounded life span through self‑repairing mechanisms.”26

In short, “a generation of robots is rapidly evolving,  a breed that can see, read, talk, learn, and even feel  [emotions].”27

But the essential question remains‑‑can these machines be considered to be “alive?” Kemeny presents six criteria which distinguish living from inanimate matter: metabolism, locomotion, reproducibility, individuality, intelligence, and a “natural” (non‑artificial) composition.28  In all six, he concludes, AI servo‑mechanisms clearly pass the test.29

Even a critic of AI such as Weizenbaum admits that computers are sufficiently “complex and autonomous” to be called an “organism” with “self‑consciousness” and an ability to be “socialized.”  He sees “no way to put a bound on the degree of intelligence such an organism could, at least in principle, attain,” although from his critical vantage point, not in the “visible future.”30

Viewed from this perspective, robots are indeed “alive.”  However, we should note the worldview behind this perspective; it is based on the assumption that we can compare a human brain to a computer brain, that creativity is something that is not divinely inspired, it is simply the “juxtaposing of previously existing information”31‑‑thus humans and computers can be equally creative.  “Humaness” then is defined by aliveness, the ability to make decisions, to reflect, learn and discriminate‑‑reflective awareness, to ask the questions, Do I exist? Who am I?

AI enthusiasts seriously argue that not only do robots have the theoretically possibility of “life” but inevitably will be perceived as alive.  It is only our “humancentricness,” our insistence that life must be judged strictly on human terms as evidenced, for instance, by the structural bias in our language, that prevents us from understanding the similarity of robots‑‑now and in the future‑‑to humans.  Of course, there are numerous arguments against this perspective.  From the Western religious view, Man’s soul is given directly by God; robots are souless, thus, dead and thereby rightless.  From a humanistic perspective, only by the clever use of language‑‑comparing our brains to robot’s memories, and other reductionist arguments‑‑can it be argued that robots are alive.  Aliveness is flesh and bones, aliveness is blood.  Thus, robots remain dead complex machines that can be made to act and look like humans, but will always remain as robots, not humans.  As the case with B.F. Skinner’s pigeons who were trained to hit a ping‑pong ball back and forth, we should not be fooled to believe that they are really “playing” ping‑pong.

However compelling these arguments against robots‑as‑humans, they may lose some of their instinctive truth once computers and robots increasingly become a part of our life, as we slowly renegotiate the boundaries of us and them.  We have seen this with household pets, who certainly are perceived as having human traits and who have certain rights.  Of course, the notion that dogs and cats have rights is contentious, since it can be argued that cruelty to animal statutes only confer a right on the human public, represented by the State, to have a culprit punished.  Conversely, it can be argued that humans are simply acting as agents of interest and that animals themselves are the real parties of interest.  We will further develop the contours of the definition of a rightholder later on in this paper.

In addition, arguing from the perspective of robot’s rights, AI and robotics are relatively new innovations.  If we assume that growth in computermemory continues, we can safely forecast that computers and robots by the year 2100 will only differ in physical form from humans.

Already, computers that preform psychotherpy cannot be distinguished from doctors who do the same, although clearly computers are not thinking.  For example, in the 1960’s MIT Professor Joseph Weisenbaum invented a computer program ELIZA to parody a therapist in a doctor‑patient format picking up key phrases, making grammatical substitutions and providing encouraging non‑committal responses.  “Weizenbaum was soon schocked to see people become emotionally involved with the computer, believing that ELIZA understood them… the computer program had properties and powers that he had not anticipated.”32  Nor had he anticipated the needs of humans to attribute human characteristics to gods, animals and inanimate objects.

Programs such as ELIZA, however, are only a beginning.  Far more complex programs will be developed untill distinctions between human thought and computer‑generated thought become impossible.  Our perceptions of thinking, life, will continue to change as a response to changing technology and changing beliefs of what is natural.  These perceptions may change to such a degree that, one day, robots, may have legal rights.

DEFINING RIGHTS

But what does it mean to have legal rights?  At present, but not necessarily so in the future, an entity cannot have a right “unless and untill some public authoritative body is prepared to give some amount of review to actions that are colorably inconsistent with that “rights.”33  However, according to Christoper Stone, for a thing to be a holder of legal rights, the following criteria must be satisfied: (1) the thing can institute legal actions at its behest; (2) that in determining the granting of legal relief, the Court must take injury to it into account; and the relief must run to the benefit of it.  If these conditions are satisfied then the thing counts jurally, it has legally recognized worth and dignity for its own sake. 34

For example, writes Stone, the action of an owner suing and collecting damages if his slave is beaten is quite differently from the slave instituting legal actions himself, for his own recovery, because of his pain and suffering.35  Of course, a suit could be brought by a guardian in the subject’s name in the case of a child or a robot, for the child’s or robot’s sake, for damages to it.

This is equally true for Nature as well. We cannot always rely on individuals to protect Nature, as they may not have standing and as it may not be cost‑effective for an individual owner to, say for example, sue for damages for downstream pollution. However, a stream may be protected by giving it legal rights.  If Nature had rights, Court’s then would not only weigh the concerns of the polluter with that of the individual plaintiff but the rights of the stream as well.  With Nature rightless, Courts presently can rule that it is in the greater public interest to allow Business to continue pollution as Industry serves a larger public interest.  “The stream,” writes Stone,” is lost sight of in a quantitative compromise between two conflicting interests.'”36

Similarly, we can anticipate cases and controversies where the needs of robot developers, manufacturers and users will be weighed against those who are against robots (either because they have been injured by a robot, because of their religious perspectives or because of their labor interests). Judges will have to weigh the issues and decide between parties.  But, unless robots themselves have rights, they will not be a party to the decision.  They will not have standing.  They will not be legally real.

But certainly as robot technology develops, as they are utilized to increase humanity’s collective wealth‑‑albeit in a capitalistic framework, robots will only increase the gap between rich and poor, between employed and unemployed‑‑their future will be inextricably tied to our future, as is the case with the environment today.

EMERGENCE OF RIGHTS

As important as defining legal rights is developing a theory on how rights emerge.  They, of course, do not suddenly appear in Courts.  Neal Milner has developed a useful theory on the emergence of rights from a synthesis of literature on children’s rights, women’s rights, right’s of the physically and mentally handicapped, rights to health, legal mobilization and legal socialization.37

His first stage in this theory is imagery.  Here imagery stressing rationality of the potential rights‑holder is necessary. From this perspective, the robot then must be defined as a rational actor, an actor with intent. This, however, is only true from the Western perspective.  From the Eastern perspective, previously outlined, rationality does not define life.

The next stage of rights emergence requires a justifying ideology.  Ideologies justifying changes in imagery develop.  These, according to Milner, include ideologies by agents of social control and those on the part of potential rights holders or their representatives. These ideologies would be developed by scientists, science fiction writers, philosophers and perhaps even futurists. They would have to argue that robots are a legitimate category of life.

The next stage is one of changing authority patterns.  Here authority patterns of the institutions governing the emerging rights holders begin to change.  It is not clear what institution directly control robots‑‑the intellectual/academic university sector, or business/manufacturers, or government/military?  Howevers, as rights for robots emerge we can forecast conflicts between various institutions that control them and within those institutions themselves.  Milner next sees the development of “social networks that reinforce the new ideology and that form ties among potential clients, attorneys and intermediaries.”38 We would see the emergence of support groups for robots with leading scientists joining political organizations.  The next stage involves access to legal representation.  This is followed by routinization, wherein legal representation is made routinely available.  Finally government uses its processes to represent the emerging rights‑holders.

Of course, this is just a general model.  The initial step will be the most difficult.  Arguing that robots have rationality, especially from the Western perspective which reserves rationalities for self‑directed, individual, autonomous adult persons will be difficult.  Given the dominance of the West, it may be that robots will not gain rights until there are seen or imaged in the above manner.

ECONOMIC ISSUES

However, eventually, AI technoloy may reach a genesis stage which will bring robots to a new level of awareness that can be considered alive, wherein they will be perceived as rational actors.  At this stage, we can expect robot creators, human companions and robots themselves to demand some form of recognized rights as well as responsibilities.  What types of rights will be demanded?  Basic human rights of life, friendship and caring?  The right to reproduce?  The right to self programming (self expression)?  The right to be wrong?  The right to intermarry with humans?  The right to an income?  The right to time off from the job?  The right to a trial by its peers (computers)?  The right to be recognized as victims of crimes?  The right to protection of unwarranted search and seizure of its memory bank?  The right to protection from cruel and unusual punishments such as the termination of its power supply?

In a brief play script Don Mitchell vividly illustrates the future image of the blue collor industrial robot on the assembly line as one of danger, monotony and despair.  Here the exploitation of robots is a reflection of the human exploitation incurred during early 20th century industrialization.  However, unlike their human counterparts these robots have no way to voice their suffering.  This situation raises these types of questions; “How do you measure value?  By the price tag?  By the need?  By the blood and sweat that goes into making something?  Robots do not produce labor value, though.  There is no mechanical Karl Marx to save them.”39

Obviously, in the discussion of robot rights questions like the above are difficult to answer.  Yet robots continue to replace their human counterparts on the assembly line and at the factory in a rapidly increasing pace.  They are replacing humans because of their high productivity and low cost. Faster robots do not tire, more reliable robots do not have family problems, drink or do drugs, cheaper to maintain robots do not strike for wages and fringe benefits, for example.

Soon the initial question that will be raised is: How are robotic generated goods and services to be distributed in the community?  The distribution of this wealth requires a new conception of ownership, production, and consumption.  In a potential world without work some form of redistribution of wealth will be necessary.  “In Sweeden employers pay the same taxes for robots that they do for human employees.  In Japan some companies pay union dues for robots.”40  Supporters of robotic rights might say that computers are paying these taxes and dues from their labor and should derive rights for such labor.

Following questions of distribution of wealth come questions of ownership.  In the very near future it is expected that computers will begin to design their own software programs.  Considering the fact that, “the Copyright Act limits copyright protection to the author’s lifetime,

which is clearly inappropriate for a computer, it would then seem that a change in the law may be needed to provide proper protection for programs with non‑human authors.”41

Legal rights and responsibilities will then be needed to protect humans and robots alike.  This need should give rise to a new legal specialty like environmental law, robotic law.  With this new specialty we may find lawyers defending the civil rights of self‑aware robots which could take the following form: “to protect the super‑robot from total and irreversible loss of power (LIFE); to free the robot from slave labor (LIBERTY); and allow it to choose how it spends it time (THE PURSUIT OF HAPPINESS).42

NEW CASES

We will then see an avalanche of cases: we will have robots that have killed humans, robots that have been killed by humans, robots who have stolen state secrets, robots who have been stolen; robots who have taken hostages, robots who have been held hostage, robots who carry illegal drugs across boarders, and robots themselves who illegally cross national boarders.  Cases will occur in general when robots damage something or someone or a robot itself is damaged or terminated.  In addition, robots will soon enter our homes as machines to save labor, and as machines to provide child care and protection.  Eventually these entities will become companions to be loved, defended and protected.

Robots that are damaged or damaged or break other human laws will raise various complex issues.  Of course at present, robot damage will be simply a tort case, just as if ones car was damaged.  But an attorney will one day surely argue that the robot has priceless worth. It is not a car. It talks, it is loved and it “loves.”  The robot, then, like a human, has been injured.  Its program and wires damaged.   In this scenario, we will then need to have special tort laws for robots.

The legal system is today unprepared for the development of robotic crimes.  Recently, the Morbidity and Mortality Weekly Report  cited the first death caused by a robot.  This accident occurred when a machinist at a Michigan company entered a robots work envelope.  Apparently not programmed to take human frailty into account the robot used its arm to pin the man to a safety pole killing him with the force.”43  This case is considered an industrial accident and could have possibly been avoided if the robot had an improved sense of sight and more careful programming.  In the future, robotic legislation may require laws similar to Issac Asimov’s First Law Of Robotics that prevent the injury of humans by robots.  These laws could be coded into the robots memory such that robots will have to terminate themselves if a conflict arises.44 However, we can easily imagine scenarios where a robot will have to choose betwen one and many humans or situations wherein its own termination may cause injuries to humans.  These issues and conflicts will task programmers, the legal systems, and robots themselves.

Once (the computers within) robots begin to program themselves according to external stimuli the robot may begin to commit crimes completely independent of earlier human programming.  If a robot can commit a crime

then a number of problematic questions will arise.  “Can a robot intend to commit a crime?  How is a robot to be punished?  Is it sufficient to reprogram it?  To take it apart?  To penalize its owner?  Its designer?  Its manufacture?  Its programmer?”45

Such questions also raise problems concerning criminal trials that involve robots.  Many court procedures will need to be adapted to accommodate the needs of such cases.  This situation will be exacerbated by the development of robots who serve as witnesses for robots or provide expert testimony.  Certainly, “a trial by a jury of peers seems inappropriate and certainly the 6th and 14th amendments guarantees to such a trial do not apply to robots.”46  Or do they?

To understand the legal principles that can be applied to robots we must first have an understanding of the emerging electronic Judiciary.

THE ELECTRONIC JUDICIARY

Also relevant in developing scenarios is the future of the Judiciary and the legal system itself.47  Courts themselves in the next fifty years may be robot‑computer run.  Judges are faced with a rapidly expanding caseload where the must analyze legal documents, settle plea bargains, determine sentences, keep abreast of social, economic and political issues as well as act court administrators.  Furthermore, as the Courts continue to act as political and social decisionmakers, judges must cope with complex scientific and technological issues.  Of this situation critics note “judges have little or no training or background to understand and resolve problems of nuclear physics, toxicology, hydrology, biotechnology or a myriad of other specialties.”48  Computer technology should then be incorporated into the judicial process to aid in decisionmaking.

The first step will be judges using computers to aid in searching out the most appropriate precedent to fit the present case.  The development of a legal reasoning robot could serve as a valuable adjunct to a judges ability to render fair decisions.  “As computers grow more elaborate and versatile (they) can better cope with the complexities of law, judgements and precedence.”49  A legal reasoning robot could “serve as a repository of knowledge outlining the general parameters of the law…assisting in the reasoning process necessary to reach a conclusion.”50  As logic oriented companion and a massive knowledge bank with the ability to instantly recall legal facts, precedent and procedure a legal robot would greatly assist the judicial system by speeding up court procedure, minimizing appeals based on court error, and preventing legal maneuvering resulting in fewer cases brought to court.

Eventually, as enough statistics are compiled, judges may not be that necessary except at the appellate level.  Judges could then be free to vigorously pursue the legal and philosophical dimensions of societal problems.  Of course, initially during the pre‑trial phase, humans would be necessary.  Attorneys would enter the facts into computers (manually, through voice‑telecommunications) and a motions judge could monitor discovery and fact finding.  Computers would then decide the case outcome.51  In addition, as most cases are negotiated (only about 5 percent ever end up in trial,52) we will see the continued development and sophistication of negotiation and mediation programs.  Disputants would enter their side of the problem, the computer‑robot would interact with each side and aid in reaching a settlement.  Computers might inspire trust as they can instantaneously and annonymously provide relevant previous cases to both disputants.  They can inform the disputants how the case might be settled (in terms of probabilities) if they went to trial or if they settled, that is they could provide a range of alternative choices and solutions.  In addition, AI programs, as we are seeing in computerized psychotherapy, allow individuals to relax and “open up easier.”  Besides being impressed by the “intelligence of robot‑judges” we might gain trust in the machines because of the magic they invoke and they authority they command.  This magic and authority may lead to an increased belief in the fairness of the Judiciary.

Of course, fairness is not a given; it is a political issue.  Law, unlike mathematics is laden with assumptions and biases.  Decisionmaking is an act of power.  Intitially the use of comptuers will shift power in the court system from judges to programmers.  Judges of course, if they allow AI to enter their courtroom, will do their best to keep control of the law and programmers.  However, given the anticipated development of robotics, eventually we may see computers changing the programming and developing novel solutions to cases.  If computers can develop creativity then judges and other experts will have to find new roles and purposes for themselves.

Finally, although it is presently ludicrous, a day may come when robots attorneys negotiate or argue in front of a robot judge with a robot plaintiff and defendent.

LEGAL PRINCIPLES

To understand in more concrete terms the legal future of robots, we must understand what legal principles will be applied to conflicts that involve robots.  Lehman‑Wilzig’s article on the legal definition of artificial intelligence is extremely useful.  He presents various legal principles which may be of relevance to robot cases.  They include:  product liability, dangerous animals, slavery, diminished capacity, childeren, and agency.53

Product liability would be applied as long a robots are believed to be complex machines.  Not only will the manufacturer be liable, say in the case when a robot guard shoots an intruder, but so will “importers, wholesalers, and retailers (and their individual employees if personally negligent); repairers, installers, inspector, and certifiers.54  Thus those that produce, regulate, transport, and use the robot will be liable to some degree.  Certainly, as caseload for robot liability cases mount insurance companies will be cautious about insuring robots.  Moreover, we can imagine the day when manufacturers will argue that the robot is alive and that the company is not liable.  Although the company may have manufactured the robot, they will argue that since then the robot has either (1) reprogrammed itself or (2) the new owner has reprogrammed it.  The argument then will be that it is the robot which should suffer damages and if it has no money, other parties who are partially liable under the joint severibility law should pay the entire bill‑‑the deep pockets principle.  When the first attorney will call a robot on stand is difficult to forecast but not impossible to imagine.

Product liability will be especially problematic for AI, because of the present distinction between hardware and software.  For the robot that kills, is the manufacturer of the arms liable, or the software designer, the owner, or is there no liability‑‑Human beware, computer around!  Will we see no‑fault computer insurance law?

The danger that robots may cause would logically increase as they become auto‑locomoative, that is, once they can move.  At this stage law relating to dangerous animals may be applicable to robots.  Like animals, they move and like animals they give a sense of intelligence, although whether they actually are intelligent is a political‑ philosophical question. Lehman‑Wilzing writes:55

While the difference in tort responsibility between product liability and dangerous animals is relatively small, the transition does involve a quantum jump from a metaphysical standpoint.  As long as AI robots are considered mere machines no controversial evaluative connotations are placed on their essence‑‑they are inorganic matter pure and simple.  However, applying the legal principle of dangerous animals (among others) opens a jurisprudential and definitional Pandora’s Box, for ipso facto the “machine” will have been transformed into a legal entity with properties of consciousness, if not some semblance of free will.  Once begun, the legal development towards the “higher” categories will be as inexorable as the physical expansion of robotic powers.  In short, the move from the previous legal category to the present one is the most critical step; afterwards, further jurisprudential evolution becomes inevitable.

It is important to remember here that as important as legal rights, those rights that can resolved or judged by a public authority, there are human rights.  These often cannot be resolved by any judicial authority.  The right to employment, the right to minimum basic necessities, and other United Nations Charter human rights although stated morally and unequivocally cannot be guaranteed given that rights are politically won and lost.  Rights, thus, are gained through ideologically‑‑philosophical as well as militant‑‑battles.

Given the structure of dominance in the world today: between nations, peoples, races, and sexes, the most likely body of legal theory that will be applied to robots will be that which sees robots as slaves.  They will be ours to use and abuse.  Of course, as Stone has pointed out, this means that they will have no legal status. The slave and the robot cannot institute proceedings himself, for his own recovery, wherein damages are recovered for his pain and suffering.  Will errant robots have to be responsible for their actions, or will owners who argue that the slave understood the intent of his or her actions make the slave responsible?  If the manufacturer or owner is liable in civil cases and guilty of wrong doing in criminal cases, then he will certain argue that the robot understands intent, understands its programming.  If this line of argument succeeds, then the robot can then pursue his own case.  Most likely as mentioned earlier, it will be the programmer or group of programmers who will be responsible.

The problem of punishment is also problematic.  Robots have neither money nor property.  One way would be to give the robot to the injured party for his economic use.  Another would be to eliminate the robot or to reprogram the robot.  This may be analogous to the present debate on the right of the foetus: is it alive, do we have the right to terminate it?  Also, who has the right to terminate a robot who has taken a human life, or a robot who is no longer economically useful?  We would not be surprised if in the 21st century we have right to life groups for robots.

Lehman‑Wilzeg argues that another category for robots would be that of diminished capacity‑‑”used for those individuals who are legally independent but have a diminished capacity for initiating actions or understanding the consequences of such actions at the time they are being committed.”56  Of course, what is important here is intent.  However, robots will not be the stupidest of species‑‑more likely they will be the most intelligent‑‑at question will be their morality, their ethical decisionmaking.

Far more useful of a category is that of children, or the whiz kid.  High in brain power and low in wisdom.  Moreover, more useful, yet also ultimately problematic is that of the law of agency.  As Lehman‑Wilzeg writes:57

To begin with, the common law in some respects relates to the agent as a mere instrument.  It is immaterial whether the agent himself has any legal capacity, for since he is a sort of tool for his principal he could be a slave, infant, or even insane.58 …”it is possible for one not sui juris to exercise an agency power.”59  Indeed, the terms automation and human machine have been used in rulings to describe the agent.60  Nor must there be any formal acceptance of responsibility on the apart of the agent[.]…The only element required for authority to do acts or conduct transactions61…is the communication by one person to another that the other is to act on his account and subject to his orders.  Acceptance by the other is unnecessary.  Thus, …[g]enerally speaking, anyone can be an agent who is in fact capable of performing the functions involved.  Here, then, is a legal category already tailor‑made for such a historical novelty as the humanoid.

While, it is true that the law of agency may be tailor‑made, given that law is itself changing, given that in the next ten years there may emerge a science court to deal with questions of science and technology (questions that lawyers and judges devoid of scientific and technological training can rarely adequately understand), and given rapid changes in robotics and computers, is it all possible to forecast the legal principles in which AI robots can be understood?

Thus, although the legal categories presented‑‑from product liability to agency‑‑are useful heuristics, the fantastic notion of the robotic rights behooves us to remember that development in robots may result in (or may need) entirely new legal principles and futures.

Another perspective and useful heuristic in understanding the rights of robots involves developing two continuums at right angles with each other.  At one end of the x‑axis would be life as presently defined: real live, flesh and bones, reflective consciousness and soul.  At the other end would be robots in much the way that many see them today‑‑a mechanical‑electronic gadget that runs programs designed by humans.  Along this continuum we can imagine humans with a majority of robotic parts (artificial limbs, heart, eyes) and robots with human‑like responses and reactions (creativity, ability to learn).  We would also have robots that look like humans and humans that increasingly look like robots.

On the y‑axis we can also develop a rights dimension.  At one end of this continuum would be a condition of total “human rights” and at the other end, a state of rightlessness.  Along this continuum, we can visualize robots representing themselves and robots represented by guardians.  Finally we can develop a moving‑stationary dimension as well as various economic dimensions (household robots to military robots).  By juxtaposing these dimensions (flesh‑mechanical; rights‑‑rightless; moving‑stationary) and visualizing them across time, we can develop various alternative scenarios of the future of robots

Along these times line and dimensions, we can imagine the day when a bold lawyer rewrites history and argues that robot should be treated legally as a person.  On this day an entirely new future will emerge.

CONCLUSION

Technological change is growing at an exponential rate.  Genetic engineering, lasers, space settlement, telecommunications, computers, and robotics are bringing economic, social and political changes like no other period of human history.  Unfortunately it is difficult for individuals and institutions to keep pace with such change.  In order to minimize the stress causes by the expansing role of robotics it is vital that the judiciary and legislators make proactive decisions and plan for the eventual development of robotic rights before the issue reaches a crisis point.

We feel the issue of robotic rights and responsibilities to be an eventuality.  Considering the “question of rights” in this new dimension offers the unique opportunity to reconceptualize our very notion of “rights” and what the will mean in a global society.  This issue generates a larger question of mans relationship with his world.  As a quantum change in our perspective of ourselves it signals a new understanding and appreciation for the concerns of everything.  This is the underlying theme of this paper.

John Haught, professor of theology at Georgetown, has identified a higher spiritual dimension to the growing planetary interconnectedness that the computer age is establishing.  He likens “the spread of satellites and computer networks over the Earth as comparable to the complexification of the primate nervous system as the condition for the birth of thought.  Now the complexification is taking on a planetary demention.  So the whole planet is being prepared by technology for the eventual birth of a far higher form of consciousness…we are participating in a magnificent process of bringing about a physiological base for a higher and dramatically novel form of consciousness.”62 It is with such a global transformation in mind that we should consider the rights of robots as well as rights for all things.

Someday robots will be in our houses as playmates for children, servants for adults.  They may become sex surrogates.  They will be in the courts as judges.  They will be in hospitals as caretakers.  They will proform dangerous military and space tasks for us.  They will clean pollution, save us from numerous hazards.  The child who loses her robot because of malfunction will when she grown up always remember her robot.  She may, at the insistence of her parents, relegate robots as persons of the world of fairies, goblins and ghosts, the unreal and the impossible.  Or she may decide that her robot like her family, friends and pets is part of her, is part of life itself.

We must remember that the impossible is not always the fantastic and the fantastic not always the impossible.

NOTES

*Phil McNally and Sohail Inayatullah are planners/futurists with the Hawaii Judiciary.  Both are active with the World Futures Studies Federation.  Mr. McNally, in addition, provides strategic planning advice to the YMCA.  Mr. Inayatullah provides strategic planning advice to Mid‑Pacific Institute and various self‑reliance, spiritual associations.

The authors would like to thank the Judiciary for research time to complete this article.  Research by Sally Taylor and an earlier paper on the history of Robots by Anne Witebsky was also helpful.

The views expressed in this paper are not necessarily shared by the Judiciary or any other organizations and assocations the authors are affliated with.

1.  See Gregory Sugimoto, Comprehensive Planning in the Hawaii Judiciary (Honolulu, Hawaii, Hawaii Judiciary, 1981); also see Sohail Inayatullah, “Futures and the Organization,” Futures (June 1984), pp. 302‑315.

2.  See the Hawaii Judiciary Newsletter, Nu Hou Kanawai: Justice Horizons for the most recent reviews and comments on the legal impacts of emerging technologies and social changes.

3.  Thomas Hobbes, “Leviathan,” Social and Political Philosophy, Eds. John Somerville and Ronald Santoni (Garden City, New York: Double Day & Co., Inc., 1963). p. 143.

4.  Jamake Highwater, The Primal Mind (New York: Harpers and Row Ins., 1981), 180.

5.  P.R. Sarkar, Neo‑Humanism: The Liberation of Intellect (Ananda Nagar, Ananda Press, 1984).  See also Sohail Inayatullah, ­”P.R. Sarkar as Futurist,” Renaissance Universal Journal (forthcoming 1987) as well as 1985 and 1986 issues of Renaissance Universal Journal for articles by P.R. Sarkar.

6.  See Michael Towsey, Eternal Dance of Macrocosm (Copenhagan, Denmark: PROUT Publications, 1986).

7. Clarence Morris, The Justification of the Law (Philadelphia: University of Pennsylvania Press, 1971), p. 192.

8.  Morris, The Justification of the Law, p. 194.

9.   Ibid, p. 196.

10.  Ibid, p. 198.

11.  Ibid, p. 199.

12.  Christopher D. Stone, Should Trees Have Standing: Towards Legal Rights for Natural Objects (Los Altos, California: William A. Kaufman, 1974).

13.  Joseph Coates, “The Future of Law: A Diagnosis and Prescription,” Judgeing The Future, Eds. James Dator and Clem Bezold (Honolulu, Hawaii: University of Hawaii Social Science Research Institute, 1981), p.54.

14.  Francis Allan, “1984: The End of Intimacy,” Human Rights (Winter 1984), p.55.

15.  Joel Shirkin, “The Expert System: The Practical Face of AI,”  Technology Review (Nov/Dec 1983), p.78.  See also Margarate Boden, “Impacts of Artifical Intelligence,” Futures (Feb. 1984).  Clark Holloway, ­”Strategic Management and Artificial Intelligence,” Long Range Planning (Oct. 1983).  Richard Bold, “Conversing With Computers,”  Technology Review (Feb./March 1985).  “Artificial Intelligence is Here,” Business Week (July 9,1985).

16.  Stanley Wellborn, “Race to Create A Living Computer,” U.S. News and World Report (Dec. 31,1984/Jan. 7, 1986), p.50.

17.  Ibid, p.50.

18.  Shirkin, “The Expert System: The Practical Face of AI,” p.75.

19.  Sam N. Lehman Wilzeg, “Frankenstein Unbound: Towards a Legal Definition of Artifical Intelligence,” Futures (December 1981), pp. 442‑457.

20. Ibid, p. 443.

21. J. von Neumann, The Computer and the Brain (New Haven: Yale University Press, 1974) quoted in Ibid.

22. W.G. Walter, The Living Brain (New York: W.W. Norton and Co, 1953) quoted in Ibid.

23. N. Wiener, God and Golem, Inc (Cambridge, MA: MIT Press, 1966) quoted in Ibid.

24. N. Wiener, The Human Use of Human Beings (Garden City, NY: Dobleday, 1954) quoted in Ibid.

25. J. von Neumann, Theory of Self‑Reproducing Automata (Urbana: University of Illinois Press, 1966) quoted in Ibid.

26. M. Arbib, Brains, Machines and Mathematics (New York: McGraw‑Hill, 1964) quoted in Ibid.

27. D. Rorvik, As Man Becomes Machine (New York: Pocket Books, 1971) quoted in Ibid.

28. J. G. Kemeny, Man and the Computer (New York: Charles Scribner’s Sons, 1972) quoted in Ibid.

29. Kemeny, Man and the Computer quoted in Ibid.

30.  J. Wesizenbaum, Computer Power and Human Reason (San Francisco: W. H. Freeman and Co. 1976) quoted in Ibid.

31. Lehman‑Wilzeg, “Frankenstein Unbound,” p. 444.

32. Marion Long, “Turncoat of the Computer Revolution,” New Age Journal (Dec. 1985), p.48.

33.  Stone, Should Trees Have Standing?, p. 11.

34. Ibid, p. 11.

35. Ibid, p. 13.

36. Ibid, p. 15.

37. Neal Milner, “The Emergence of Rights, ” Proposal to the National Science Foundation (Honolulu, Hawaii: University of Hawaii Department of Political Science, 1980).

38. Ibid, p. 4.

39. Don Mitchell, “Metal Lunch,” Whole Earth Review (Jan. 1985), p.4.

See also Jerry, Mander, “Six Grave Doubts About Computers,” Whole Earth Review (Jan. 1985).

40. Edith Weiner and Arnold Brown, “Issues For The 1990’s,” The Futurist (March/April 1986), p. 10.

41. Robert Anderson, “Piracy and New Technologies: The Protection of Computer Software Against Piracy,” (London: American Bar Association Conference Paper 7/17/85), p. 176.  See also the following conference papers; Robert Bigelow, “Computers and Privacy in the United States,” David Calcutt, “The Entertainment Industry, Piracy and Remedies,”  Colin Tapper, “From Privacy to Data Protection,” Arthur Levine, “Piracy and the New Technologies.”  Stewart Brand, “Keep Designing,” Whole earth Review (May 1985).

42. Mike Higgins, “The Future of Personal Robots,” The Futurist (May/June 1986), p. 46.  See also James Albus, “Robots and the Economy” The Futurist (December 1984).

43. “Death by Robot,” Science Digest (Aug. 1985), p. 67.

44.  See Issac Azimov, The Naked Sun (London: Granada Publishing, 1975).

“The Second Law of Robotics: A robot must obay the orders given it by Human beings except where such orders would conflict with the First Law; The Third Law of Robotics: A robot must protect its own existance as long as such protection does not conflict with either the First or Second Law.

45.  Ramond August, “Turning The Computer Into A Criminal,” Barrister (Fall 1983), p. 53.  See also Don Parker, Fighting Computer Crime (New York: Charles Scribners and Sons, 1983.  Ted Singer, “Controlling Computer Crime,” Security Management (January 1984).

46.  Ibid, p. 54

47. See Sohail Inayatullah, “Challenges Ahead for State Judiciaries,” Futurics (Vol 9, No. 2, 1985), pp. 16‑18; see also James Dator and Clement Bezold, Judging the Future (Honolulu, Hawaii: University of Hawaii Social Science Research Institute, 1981); and, Orville Richardson, “A Glimpse of Justice to Come,” Trial (June 1983‑‑November 1983, a six part series on law in the future).

48. David Bazelon, “Risk and Responsibility,” Science Technology and National Policy, Eds. Thomas Keuhn and Alan Porter (New York: Cornell University Press, 1981), p. 358.

49. Issac Azimov, “The Next 20 Years For Law and Lawyers,” American Bar Association Journal (Jan. 1985), p. 59.  See also Anthony D’Amato, “Can Should Computers Replace Judges,” Georgia Law Review (Sept. 1977).  According to D’Amato such a computer would work in this fashion.  The computer program is essentially that of a multiple regression analysis.  The dependent variables are plaintiff wins (+1) and defendent wins (‑1); the facts of the case are independent variables.  The computer recieves all the facts and performs a complex multivariate analysis of them.  The facts will be regressed to fit other clusters of facts previously programmed into the computer.  The fit will never be exact: the only question the computer then decides is whether the new facts as programmed fit more closly or cluster around the dependent variables “plaintiff wins” or “defendent wins.”

50. Gary Grossman and Lewis Soloman, ” Computers and Legal Reasoning,” American Bar Association Journal (Jan. 1983), p. 66.  See also Larry Polansky, “Technophobia: Confronting the New Technology and Shaping Solutions to Court Problems,” State Management Journal (1984).

51. See Guy M. Bennet and Signa Treat, “Selected Bibliographical Material on Computer‑Assisted Legal Analysis,” Jurimetrics (Spring 1984), pp. 283‑290.  This excellent bibiliography includes a wide range of entries ranging from articles on Searchable Data Bases to articles on computer decisionmaking.  Particularly useful is L. T. McCarty, ­”Reflection on TAXMAN: An Experiment in Artificial Intelligence and Legal Reasonry,” 90 Harvard Law Review, 837‑93 (March 1977).

52. Howard Bedlin and Paul Nejelski, “Unsettling Issues About Settling Civil Litigation,” Judicature (June‑July 1984), p. 10.

53. Lehman‑Wilzeg, “Frankenstein Unbound,” p. 447

54. S. M. Waddams, Product Liability (Toronto: Carswell, 1974) quoted in Ibid.

55. Lehman‑Wilzeg, “Frankenstein Unbound,” pp. 448‑449.

56. Ibid, p. 450.

57.  Ibid, p. 451.

58.  S.J. Stoljar, The Law of Agency (London: Sweet and Maxwell, 1961) quoted in Ibid.

59. W.A. Seavey, Handbook of the Law of Agency (St. Paul: West Publishing Co, 1974) quoted in Ibid.

60. Seavey Handbook of the Law of Agency quoted in Ibid.

61.  Seavey Handbook of the Law of Agency quoted in Ibid.

62.  Brad Lemley, “Other Voices Other Futures,” P.C. Magazine (Jan. 8, 1985), p. 135.