The Spirit of the Law

The distinction between “The letter of the law” and “The spirit of the law” is a good way to understand the relation of consciousness to matter or to computation. Specifically, when we talk about the spirit of the law, we are speaking metaphorically. We don’t actually mean that there is a spiritual force radiating from paragraphs of text in legal documents which have a conscious intent. When we talk about the letter of the law, we are being much more literal (literally literal). The letter of the law refers to the actual written code that is recorded on paper, or stone tablets somewhere and copied from one physical medium to another.

To be literal about it, we would say the Spirit (or motive) behind the creation of the law. The law itself is inert. It is purely a medium to contain and transport a reference to the lawgiver’s motive, so that the motive can be actualized in the behaviors of those who follow the law. Laws don’t write themselves, and they don’t follow themselves. Their existence depends entirely on a world of agents and their efforts to influence each other.

The same is true of the relation between conscious experience, which is irreducibly sensory-motive, and external forms and functions which act as reflective mediums or vehicles for conscious experience. Like the letters of the law, physical forms or logical functions have no teleological motive. Those who mistake forms for having the potential to develop consciousness do so as a result of identifying too literally with their body and the experiences that they have through their body of its world of bodies and objects.

When we think too literally, we overlook the enormous gulf between the literal code of law (including the laws of physics or laws of mathematics) and the motive behind the giving and following of law. We begin to imagine that bodies or computer programs can become so complex that some spirit with sense and motive can ‘emerge’ from them. When someone argues that we will eventually discover the function of the brain which produces consciousness, or develop a program which will simulate consciousness, they are making an assumption about the relation between consciousness and the forms which it reflects back to itself. Translating this assumption into the context of law, it is an argument which says that there is no immaterial ‘spirit of the law’, so that therefore there must be a complicated set of legal codes which we mistake for such a ‘spirit’.  For many this assumption is in the blind spot of their intellect so that they are incapable of knowing that they are even making an assumption at all, let alone that it could be an oversight which is ‘emergent’ from their way of thinking about it.

The reason that forms and functions cannot create conscious experience has nothing to do with our current level of technological development, rather the reason is that the thesis that forms and functions can create consciousness is based on a reductive functionalism which breaks down when we carry the thesis out fully. Namely, our motive for reducing consciousness to physics or computation in the first place is based on principles of parsimony and sufficiency. Those same principles prohibit us from inflating physics or computation to consciousness. Consciousness cannot be justified, nor can any emergent properties which only appear within consciousness. If laws could create themselves and follow themselves, then there would be no need for any further experience of participating in either that creation or application. Like a computer program, the law would be generated automatically and a programmed chain reaction would follow. There would be no function for a sense of participation. The Hard Problem of Consciousness, translated into legal terms would ask why, if there is no spirit of the law, must lawyers ‘practice’ law instead of the law simply carrying itself out. Why would anyone argue over how a law should be ‘interpreted’?

The law ultimately is a communication between people as a way to try to maintain order in a civilization. It is not an alien life form whose body survives on ink and microfilm. Without a spirit or motivation to impart a sense of proper conduct onto other people, the law literally cannot exist as a law. In the same way, computer programs cannot exist without a motive of people to give and receive conscious experiences to each other. The letter of a program or of a physical structure cannot refer to anything by itself, and cannot act as a reference since there is no rational place for any such layer of intention. The laws of physics or mathematics don’t argue with each other. They don’t set up courts with juries to try to convince each other that one force should apply here and another should apply there. Why do we?

  1. jazzbo9
    August 12, 2016 at 11:06 pm

    Hi Craig,

    Great analogy – Chalmers, Kurzweil & Minsky (were he extant – perhaps his consciousness still is) would benefit from its “spirit”.

    As the only valid interpretation of the spirit of any law is incumbent on the perceiving individual, each person is responsible for his construal of that spirit. Therein lies the bread and butter of the legal profession (in my opinion the majority of practitioners are more concerned with a semantic reading (letter of the law) than the principle.

    Personally I obey no law with which I disagree and transgress no laws that comport with my sense of ethics. The only exceptions are if a metaphorical gun has me covered and I hew to the letter of the law as long as it is there. Also I may thwart my own code for expediency (real or imagined) and am aware a price may be extracted for such behavior if caught.

    • August 13, 2016 at 11:42 pm

      Thanks! Yes it’s hard to imagine that creatures who obeyed the letter of the law would even be aware that there are any such things as laws. (What would be the point of such an awareness?)

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