Take Me To Your Lawyer
All rise for The Observer's favorite legal mind, Michael Harris Hoffman! If it pleases the court, we'd like to admit the following evidence into discovery.
To paraphrase H.G. Wells, science fiction has, over time, forecast the shape of many things to come. Extraterrestrial contact stories are an exception. Without hard evidence of ET contact, we cannot check the foresight quotient in relevant science fiction stories. But maybe we have evidence of real ET contact running through over 75 years-worth of UFO reports and investigations. Assuming that is the case, we can draw on UFO history to begin mapping out thought experiments on extraterrestrial behavior, and fill some gaps in that product with an assist from science fiction.
One line of thought experiments worth pursuing could lead to the discovery of rules out there that we might call “Interstellar Law.”
Interstellar Law is defined here as hypothesized inter-world rules that would be/are applied by ET in contact with each other—and with humans—whether we like it or not. Consider a scenario in which there is an actual set of such rules, in place and out there, that govern relations between space- faring civilizations in our corner of the universe—and that also control their contacts with less advanced worlds.
And those less advanced worlds get no say in making and applying the interstellar rules.
And Earth is one of those less advanced worlds.
There is already another concept of contact law dating to the beginning of the Space Age that is called Metalaw. Metalaw proposes principled rules, based on human law and ethics, that govern relations with extraterrestrials.
A Metalaw based perspective may be quite useful someday if we are in control of the contact, but that is a different scenario. Human-centric Metalaw is less likely to be respected by any ET civilization technologically advanced enough to get here and powerful enough to make all the decisions on whether direct contact with us will even take place.
Let us assume that no civilization gets to the point of interstellar or interdimensional travel, and subsequent inter-world contacts, without a set of rules that ensure the organizational cohesion and predictability likely to be essential for success in such domains. Here are two brief scenario-based thought experiments that assume an extraterrestrial origin for many UFO reports. The scenarios assume that ET draw on Interstellar Law to support their activities on and near this planet.
Each scenario speculates briefly on the context and content of interstellar rules, as well as the extraterrestrial attorneys who may be practicing out among star-faring civilizations.
ET Algorithms: It may seem anti-climactic to think the first ET lawyer you meet could be an algorithm, but those operating in Star Trek-like interstellar environments may consider algorithmic legal guidance sufficient for most contact issues. Algorithms tracking legal issues generated aboard tightly run ships, staffed by specialized professional crew (like those described by abductees/experiencers) would, over generations, become effective at pattern identification. The algorithms could still take a malign turn if they guide the reported involuntary boarding and testing of human subjects on UFOs.
Star Trek’s fabled “Prime Directive” suggests a less intrusive legal model followed by ET who visit here but avoid direct contact. Limited contact with less advanced planets implies that there will be a limited range of direct contact scenarios, and consequently, few events that generate novel legal issues. This might make algorithmic legal problem- solving plausible in the view of many star-faring ET. But unless an inter- stellar society has lost all capacity for nuance, flexibility, and ethical thinking, it will have live, non-algorithmic attorneys standing by when the algorithms falter.
Carbon-based Attorneys: Dynamic, sometimes chaotic, Star Wars-like interstellar environments likely call for adaptive and imaginative legal services provided by live, carbon-based attorneys—not inert, silicon chip-driven legal algorithms. If the first interstellar lawyer you meet is a carbon-based ET professional, you can dine out on that memorable meeting. Not so much so if it is a complex yet ultimately plodding ET algorithm. The carbon-based ET attorneys might find that our international legal problems resemble localized versions of complex interstellar challenges.
Two examples: Interstellar law may have adopted rules on control over the resources of uninhabited worlds long ago. Consider claims of photographic evidence for actual mining sites on the lunar surface. Even at this early stage of our travels in space, legal and diplomatic arguments are heating up over what our space law says about mining rights on the Moon and asteroids.
Equally weighty, our international law draws conceptual distinctions between the law of war and law of peace. In practice, political friction sometimes sparks military confrontations that do not easily fit in either category. Consider, by comparison, the anecdotal reports of UFOs departing from typically non-aggressive behavior to confront military aircraft or even other UFOs. Complex scenarios for human and ET attorneys alike.
The implications of an interstellar law behind UFO reports cannot be ignored. Speculating on those rules now, with evidence-based thought experiments, may help anticipate likely ET behavior later. Interstellar law may already be in force right here, and we cannot assume that ET will give us a friendly learning curve to figure it out.
MICHAEL HARRIS HOFFMAN can be reached at firstcontact@ufoegghead.com
Great article!