Metalaw
Encyclopedia
Metalaw is a concept of space law
closely related to the scientific Search for Extraterrestrial Intelligence (SETI
).
Immanuel Kant
and his Categorical imperative
: "Act only according to that maxim whereby you can at the same time will that it should become a universal law" is the forerunner of the Metalaw, because if we wish to detect the intelligent signals from the Universe, we have to act in a similar manner, that is, themselves must also transmit intelligent signals into the Universe.
First articulated by attorney Andrew G. Haley
in 1956, Metalaw was the term Haley coined to refer to his hypothesis regarding the proposed existence of fundamental legal precepts of theoretically universal application to all intelligences, both human and hypothesized intelligent extraterrestrial life
.
In 1956, Haley first published an article entitled “Space Law and Metalaw – A Synoptic View,” in which Haley first proposed what he called an “Interstellar Golden Rule
”: Do unto others as they would have you do unto them. According to Haley, humans can project only one principle of human law onto our possible future relations with extraterrestrial intelligence: “the stark concept of absolute equity.” Haley developed his formulation of Metalaw somewhat further in various papers and a 1963 book.
Significant elaboration of Haley's ideas did not take place until the publication in 1970 of Relations with Alien Intelligences: The Scientific Basis of Metalaw, written by Dr. Ernst Fasan
.
In Relations with Alien Intelligences, Fasan proposed Metalaw is “the entire sum of legal rules regulating relationships between different races in the universe.” Metalaw is the “first and basic ‘law’ between races” providing the “ground rules” for a relationship if and when humans establish communication with or encounter an intelligent extraterrestrial race elsewhere in the universe. Fasan asserted that these rules would govern both human conduct and that of extraterrestrial races so as to avoid mutually harmful activities.
In later papers published in the 1990s that more directly related Metalaw to SETI, Fasan proposed a simple 3-prong formula of metalegal principles. That formula involves:
Several authors have criticized the metalegal principles proposed by Haley and Fasan for their reliance on Immanuel Kant
’s Categorical Imperative
and on an approach to legal science
and jurisprudence
known as natural law
theory. In jurisprudence
, natural law
theory refers generally to the view that links law to morality and proposes that just laws are immanent in nature and independent of the lawgiver, waiting to be discovered or found (as opposed to created by humans), usually by means of reason alone.
Other commentators have noted that Haley’s formulation of Metalaw depends heavily upon subjective or relative (and therefore inadequate concepts of “good” and “bad.” Critics have noted that there is no guarantee that other civilizations would abide by Haley’s assertions regarding equity among intelligent races in the universe. Haley’s failure to acknowledge the obvious anthropocentric limits of natural law theory has led some to note that the cultural concept of rules or law is itself anthropocentric.
In Have Space Suit -- Will Travel, a 1958 story by science fiction author Robert A. Heinlein
and published two years after Haley's 1956 paper, one of the characters mentions “space law and meta-law."
Space law
Space law is an area of the law that encompasses national and international law governing activities in outer space. International lawyers have been unable to agree on a uniform definition of the term "outer space," although most lawyers agree that outer space generally begins at the lowest...
closely related to the scientific Search for Extraterrestrial Intelligence (SETI
SETI
The search for extraterrestrial intelligence is the collective name for a number of activities people undertake to search for intelligent extraterrestrial life. Some of the most well known projects are run by the SETI Institute. SETI projects use scientific methods to search for intelligent life...
).
Immanuel Kant
Immanuel Kant
Immanuel Kant was a German philosopher from Königsberg , researching, lecturing and writing on philosophy and anthropology at the end of the 18th Century Enlightenment....
and his Categorical imperative
Categorical imperative
The Categorical Imperative is the central philosophical concept in the moral philosophy of Immanuel Kant, as well as modern deontological ethics...
: "Act only according to that maxim whereby you can at the same time will that it should become a universal law" is the forerunner of the Metalaw, because if we wish to detect the intelligent signals from the Universe, we have to act in a similar manner, that is, themselves must also transmit intelligent signals into the Universe.
Andrew Haley and the Origin of Metalaw
First articulated by attorney Andrew G. Haley
Andrew G. Haley
Andrew G. Haley was an American lawyer. He has been described as the world’s first practitioner of space law...
in 1956, Metalaw was the term Haley coined to refer to his hypothesis regarding the proposed existence of fundamental legal precepts of theoretically universal application to all intelligences, both human and hypothesized intelligent extraterrestrial life
Extraterrestrial life
Extraterrestrial life is defined as life that does not originate from Earth...
.
In 1956, Haley first published an article entitled “Space Law and Metalaw – A Synoptic View,” in which Haley first proposed what he called an “Interstellar Golden Rule
Golden Rule
Golden Rule may refer to:*The Golden Rule in ethics, morality, history and religion, also known as the ethic of reciprocity*Golden Rule savings rate, in economics, the savings rate which maximizes consumption in the Solow growth model...
”: Do unto others as they would have you do unto them. According to Haley, humans can project only one principle of human law onto our possible future relations with extraterrestrial intelligence: “the stark concept of absolute equity.” Haley developed his formulation of Metalaw somewhat further in various papers and a 1963 book.
Elaboration by Ernst Fasan
Significant elaboration of Haley's ideas did not take place until the publication in 1970 of Relations with Alien Intelligences: The Scientific Basis of Metalaw, written by Dr. Ernst Fasan
Ernst Fasan
Ernst Fasan is an Austrian lawyer and a recognized authority in space law, including Metalaw.Fasan has published numerous papers on problems of space law, including Metalaw and the scientific Search for Extraterrestrial Intelligence...
.
In Relations with Alien Intelligences, Fasan proposed Metalaw is “the entire sum of legal rules regulating relationships between different races in the universe.” Metalaw is the “first and basic ‘law’ between races” providing the “ground rules” for a relationship if and when humans establish communication with or encounter an intelligent extraterrestrial race elsewhere in the universe. Fasan asserted that these rules would govern both human conduct and that of extraterrestrial races so as to avoid mutually harmful activities.
In later papers published in the 1990s that more directly related Metalaw to SETI, Fasan proposed a simple 3-prong formula of metalegal principles. That formula involves:
- A prohibition on damaging the other race.
- The right of a race to self-defense.
- The right to adequate living space.
Criticism of Metalaw
Several authors have criticized the metalegal principles proposed by Haley and Fasan for their reliance on Immanuel Kant
Immanuel Kant
Immanuel Kant was a German philosopher from Königsberg , researching, lecturing and writing on philosophy and anthropology at the end of the 18th Century Enlightenment....
’s Categorical Imperative
Categorical imperative
The Categorical Imperative is the central philosophical concept in the moral philosophy of Immanuel Kant, as well as modern deontological ethics...
and on an approach to legal science
Legal science
Legal Science is one of the social sciences which deals with the institutions and principles that particular societies have developed:Legal science is one of the main components in the civil law tradition .Legal science is primarily the creation of German legal scholars of the middle and late...
and jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
known as natural law
Natural law
Natural law, or the law of nature , is any system of law which is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. Natural law is contrasted with the positive law Natural...
theory. In jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
, natural law
Natural law
Natural law, or the law of nature , is any system of law which is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. Natural law is contrasted with the positive law Natural...
theory refers generally to the view that links law to morality and proposes that just laws are immanent in nature and independent of the lawgiver, waiting to be discovered or found (as opposed to created by humans), usually by means of reason alone.
Other commentators have noted that Haley’s formulation of Metalaw depends heavily upon subjective or relative (and therefore inadequate concepts of “good” and “bad.” Critics have noted that there is no guarantee that other civilizations would abide by Haley’s assertions regarding equity among intelligent races in the universe. Haley’s failure to acknowledge the obvious anthropocentric limits of natural law theory has led some to note that the cultural concept of rules or law is itself anthropocentric.
Metalaw in Popular Culture
In Have Space Suit -- Will Travel, a 1958 story by science fiction author Robert A. Heinlein
Robert A. Heinlein
Robert Anson Heinlein was an American science fiction writer. Often called the "dean of science fiction writers", he was one of the most influential and controversial authors of the genre. He set a standard for science and engineering plausibility and helped to raise the genre's standards of...
and published two years after Haley's 1956 paper, one of the characters mentions “space law and meta-law."