Category: law

Entanglements: Collected Short Works

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Now available in Kindle, softcover, and hardcover versions, Entanglements assembles a decade of short works by author, scientist, entrepreneur, and inventor Mark William Davis.

The fiction includes an intimate experimental triptych on the evolution of sexual identities. A genre-defying poetic meditation on creativity and environmental holocaust competes with conventional science fiction about quantum consciousness and virtual worlds. A postmodern interrogation of the intersection of storytelling and film rounds out the collected works as a counterpoint to an introductory dive into the ethics of altruism.

The nonfiction is divided into topics ranging from literary theory to philosophical concerns of religion, science, and artificial intelligence. Legal theories are magnified to examine the meaning of liberty and autonomy. A qualitative mathematics of free will is developed over the course of two essays and contextualized as part of the algorithm of evolution. What meaning really amounts to is always a central concern, whether discussing politics, culture, or ideas.

The works show the author’s own evolution in his thinking of our entanglement with reality as driven by underlying metaphors that transect science, reason, and society. For Davis, metaphors and the constellations of words that help frame them are the raw materials of thought, and their evolution and refinement is the central narrative of our growth as individuals in a webwork of societies and systems.

Entanglements is for readers who are in love with ideas and the networks of language that support and enervate them. It is a metalinguistic swim along a polychromatic reef of thought where fiction and nonfictional analysis coexist like coral and fish in a greater ecosystem.

Mark William Davis is the author of three dozen scientific papers and patents in cognitive science, search, machine translation, and even the structure of art.… Read the rest

An Exegetic Theory of Liberty

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A modest proposal:

Congress shall make no law interfering with medical decisions except in the case of public health and in the regulation of the practice of medicine.

But now we immediately face daunting challenges about the meaning of these terms. What are the limits of a “medical decision?” What are the limits of the public health clause? Can the regulation of the practice of medicine impinge on medical decisions if, for example, a procedure is regulated out of availability? Does this create an immediate tension between the preamble and the restrictive clauses?

Let’s take a version of Putnam’s concerns about meaning. What is a neutrino? Many people would simply shrug and admit that they don’t know. Some would recall something like a particle that can pass through stuff. A few of these who have some physics or are widely read might say that they are very light particles that emerge from neutron decay and are needed to balance the nuclear decay equation. This last series of images might include thoughts about giant underground detector baths of water or mineral oil or something. In general, though, we can conclude that defining something that is physical, measurable, but incomplete is a daunting task.

Legal theories have this kind of amorphous semantics, especially with regard to concepts like “liberty.” We certainly have some indelible images like “your liberty ends at my nose” but that doesn’t create a very effective template for legal decision trees. Does a stand-your-ground law preserve my liberty to self-defense or is it an excessive application of force when the two parties’ joint right to life is better preserved by a duty to retreat? Dobbs v. Jackson Women’s Health Organization lays out the problem of defining liberty:

“Liberty” is a capacious term.

… Read the rest

Flailing in the Think Tanks

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Despite my best efforts to find some depth in modern intellectual conservatism, instead about the best we get is just about the worst imaginable. Much discussed is the Atlantic piece by Harvard Law professor Adrian Vermeule who argues for what he calls “common good constitutionalism” that asserts that an authoritarian assurance in defining a moral basis for legal decisions is best for all of us. Individual concepts of life and liberty be damned:

…that each individual may ‘define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life’ should be not only rejected but stamped as abominable, beyond the realm of the acceptable forever after. So too should the libertarian assumptions central to free-speech law and free-speech ideology—that government is forbidden to judge the quality and moral worth of public speech, that “one man’s vulgarity is another’s lyric,”  and so on—fall under the ax. Libertarian conceptions of property rights and economic rights will also have to go, insofar as they bar the state from enforcing duties of community and solidarity in the use and distribution of resources.

Vermeule’s opening salvo is that the doctrine of originalism that conservative legal thinkers have hewed to has shown little progress in reversing the trend towards greater and more expansive liberties. These freedoms, without paternalistic guidance, take us down the slippery slope of moral turpitude. We need stronger hands at the tiller who can properly control the minds of the mob for their own good. In reality, though, Vermeule is just a “Catholic integralist” in disguise, which is to say he is promoting a kind of theocracy where law is subservient to the best guesses of Catholicism.… Read the rest

Free Will and Algorithmic Information Theory (Part II)

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Bad monkey

So we get some mild form of source determinism out of Algorithmic Information Complexity (AIC), but we haven’t addressed the form of free will that deals with moral culpability at all. That free will requires that we, as moral agents, are capable of making choices that have moral consequences. Another way of saying it is that given the same circumstances we could have done otherwise. After all, all we have is a series of if/then statements that must be implemented in wetware and they still respond to known stimuli in deterministic ways. Just responding in model-predictable ways to new stimuli doesn’t amount directly to making choices.

Let’s expand the problem a bit, however. Instead of a lock-and-key recognition of integer “foodstuffs” we have uncertain patterns of foodstuffs and fallible recognition systems. Suddenly we have a probability problem with P(food|n) [or even P(food|q(n)) where q is some perception function] governed by Bayesian statistics. Clearly we expect evolution to optimize towards better models, though we know that all kinds of historical and physical contingencies may derail perfect optimization. Still, if we did have perfect optimization, we know what that would look like for certain types of statistical patterns.

What is an optimal induction machine? AIC and variants have been used to define that machine. First, we have Solomonoff induction from around 1960. But we also have Jorma Rissanen’s Minimum Description Length (MDL) theory from 1978 that casts the problem more in terms of continuous distributions. Variants are available, too, from Minimum Message Length, to Akaike’s Information Criterion (AIC, confusingly again), Bayesian Information Criterion (BIC), and on to Structural Risk Minimization via Vapnik-Chervonenkis learning theory.

All of these theories involve some kind of trade-off between model parameters, the relative complexity of model parameters, and the success of the model on the trained exemplars.… Read the rest

New Agile Governance

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John Dickerson, in his excellent Atlantic article, The Presidency: The Hardest Job in the World, combines historical analysis with quotes and insights from presidents and past advisers to develop both a critique of the expectations of the role of president and how to achieve better results. The analysis lands on a few recommendations including improving the on-boarding process for new presidents and simplifying the role itself. Having and trusting one’s cabinet leads to better delegation of the impossible responsibilities of the role. Maybe outsourcing the ceremonial aspects of the job to the VP or First Lady would allow the president to concentrate on policymaking and national security flare ups.

While all are reasonable suggestions, resetting expectations about the role of the executive branch should be balanced against reforming the legislative branch in parallel. If both are to be empowered to serve the public’s will with grace and intellect, they face concomitant challenges in overcoming the partisanship and influences of monied interests that have made them unresponsive to the people. Polls show that the public wants reduced health care costs, reasonable gun regulations, humane immigration policies, and an opening of rights for gays and marijuana consumers. But none of these are delivered because they are too complex or politically toxic for Congress to successfully navigate.

Maybe the methodology is wrong. Not in the sense of the Constitution being wrong or in need of updating, but in the sense of how decision making and information gathering is managed through the legislative and executive branches. I’d like to propose an alternative that I will label New Agile Governance (NAG) for simplicity. NAG is based on the simple idea that tracks what Dickerson attributes to H.R.… Read the rest

The Dynamics of Dignity

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My wife got a Jeep Wrangler Unlimited Rubicon a few days back. It has necessitated a new education in off-road machinery like locking axles, low 4, and disconnectable sway bars. It seemed the right choice for our reinsertion into New Mexico, a land that was only partially accessible by cheap, whatever-you-can-afford, vehicles twenty years ago when we were grad students. So we had to start driving random off-road locations and found Faulkner’s Canyon in the Robledos. Billy the Kid used this area as a refuge at one point and we searched out his hidey-hole this morning but ran out of LTE coverage and couldn’t confirm the specific site until returning from our adventure. We will try another day!

Billy the Kid was, of course, a killer of questionable moral standing.

With the Neil Gorsuch nomination to SCOTUS, his role in the legal and moral philosophies surrounding assisted suicide has come under scrutiny. In everyday discussions, the topic often centers on the notion of dignity for the dying. Indeed, the autonomy of the person (and with it some assumption of rational choice) combines with a consideration of alternatives to the human-induced death based on pain, discomfort, loss of physical or mental faculties, and also the future-looking speculation about these possibilities.

Now I combined legal and moral in the same sentence because that is also one way to consider the way in which law is or ought to be formulated. But, in fact, one can also claim that the two don’t need to overlap; law can exist simply as a system of rules that does not include moral repercussions and, if the two have a similar effect on behavior, it is merely a happenstance.… Read the rest