Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Sunday, 10 January 2021

New republics


There was a time when libertarians fantasized about starting their own countries on floating platforms. Now anyone can do it from home, on a digital platform. Some of these new countries are quite big. Facebook now has 1.7 billion users, more citizens (if you want to look at it that way) than China, and more adherents than Catholicism. 

If you're thinking that websites like this are just games ('Twitter isn't real life' etc.), you'd be right. But games are a serious business. Game designer Reed Berkowitz recently explored how QAnon (whose shaman is pictured) might have grown out of the same sorts of incentives that are generated by live-action role-playing and alternate reality games. People are given a quest (Who is Q?) and the motivation to want to complete it (this will show you the way thing really are). They build a world around them without a graphics card in sight.

This may sound like a new idea, or at least an eccentric one, but it's actually a highly familiar one in political science and economics, at least in the branch of economics known as the New Institutional Economics (NIE). The Nobellist Douglass North defined institutions as 'the rules of the game' in a given society. He may have meant it as a metaphor, but there's no reason why the rules of the game can't be the rules of a literal game.

Or, say, the ways a website is set up - its terms of service, its modalities, its incentive structures. The differences between social media sites might seem like just a matter of choosing different products - Twitter allows you less space per message; this bus company lets you drink coffee onboard. But there's more going on. The different sites have a vibe, a style, even (by now) a history - and we act differently when we're on (or in) them.

That's partly because of the multiplication of incentives within these worlds. I saw a link to Berkowitz's piece on Justin Murphy's Twitter feed. Murphy left academia, as he says, 'to spend more time on research and teaching,' and he seems increasingly interested in online learning not just a site for educational content, but for educational incentives. That last thing was what MOOCs were lacking. Murphy will send you an email a day (if you want him to) to help you learn R (What is R?). Khan Academy and other sites give you points, badges, etc. so that you keep levelling up in the game of Knowledge.

Meanwhile, in the world of real games (whatever that means), video games are apparently getting longer and increasingly nesting 'micro-transactions' within them to get you to pay up for a snazzier helmet, a deadlier weapon, or a more interesting adventure. (From what I can tell, this is one of the complainers' main complaints about the beautiful Assassin's Creed Odyssey.) We're long past the point at which companies have started selling real-world products in digital universes like Second Life (in fact, that's apparently something Reed Berkowitz used to do for a living). We're surely not far from Borgesian 'games' that electro-shock your brain into suffering or ecstasy as you proceed bravely through their new world.

But we're off on a side-quest now, so let's go back to something I wrote before. The different social media sites that already exist, I said, 'have a vibe, a style, even (by now) a history - and we act differently when we're on (or in) them.' If this reminds you of countries, well, that was sort of the point. Diving into an online community is kind of like visiting a foreign country and immersing itself into its exotic ways, its alien norms.

The reason countries used to be so different was because they had different pasts that led to different institutions, norms, customs - a different cultural infrastructure that in turn helped shape the way people were. I'm old enough to remember a time when people would talk openly about the way different countries (and its inhabitants) were, and even if some of this was ignorant or over-confident, some of it seemed about right. It had to be, in a sense - if changing laws or customs has any power to change behaviours, countries with different laws and customs should have a different vibe.

Of course, they still do, to a great extent, and this should remind us of something. The kinds of incentive structures nations have built up over the centuries are pretty formidable, and some of the axes they wield (like laws) ultimately trump the structures set up by social media companies. Twitter can oust Trump from its platform, true, but Twitter still ultimately exists at the pleasure of the US and other governments. Nation-states aren't going away any time soon, and their age-old institutions and norms continue to shape us in profound ways.

Still, sites like the United States of America are starting to seem a bit last century. If it's incentives and information that shape people, especially as they move like questers through whatever spaces open before them, trying to make meaning out of their lives - if that's what is forming individuals and communities, Arizona and Invercargill are really no match for the world wide web. What we'll have - what we to some extent already have - will be new republics shaped online, with new compatriots that are as different, and sometimes as hostile, to each other as Spaniards and Swedes were in 1634. 

The only difference is that this time, the citizens of these new republics - dressed differently, speaking different and mutually unintelligible languages, worshiping different gods - won't be separated by channels or ranges, but will be living side-by-side. And when fighting breaks out, as it has already started to, old-timers speaking of 'internal' or 'civil' war won't seem alarmist, but just quaint. 








Friday, 14 August 2020

Harsh but unfair

 


I remember reading once, in a book on Athenian law (perhaps this one) that anthropologists had observed that in societies where criminals were less likely to be apprehended, penalties were harsher. It made sense; after all, modern developed countries, with their highly developed surveillance technology, have (by historical standards) strikingly lenient punishment regimes; pre-modern ones, by contrast, which had zero or only rudimentary policing, had more of a tendency to turn to the gallows, the guillotine - or the gulp of hemlock.

The observation came back to me recently in connection with the current vogue for 'cancelling.' The frequency of this phenomenon has been questioned, but what seems to concern many people isn't necessarily how widespread it is, but how harsh the punishments can be. A disabled grandfather is sacked for sharing a comedy sketch. A researcher loses his job for re-tweeting a study about the effectiveness of peaceful compared with violent protest. And all the while, not-especially-controversial views and tame jokes elicit the kind of fury that used to be reserved for blood feuds. 

Given the many instances of such 'cancellations' that have occurred, it might seems strange that a good few people continue to insist that the whole phenomenon is made up. But there might be a way of explaining both why they think that and why some of these same people engage in such disproportionately harsh punishings of individuals who violates their norms. 

The reason they think the free speech crisis isn't really a crisis is partly because they see people saying things they dislike all the time. That's been one of the effects of the explosion of social media: whereas twenty years ago you wouldn't often be exposed to views from outside your thought-world, and you'd have to put in some work to have your views broadcast, now it's easy to post things and even easier to see things others have posted. 

If you have narrow parameters for what ideas are acceptable, it follows that you're likely to see quite a lot of what are to you unacceptable ideas. Twitter must be terrifying - all those people saying things you think are terrible! What's more, most of them are getting away scot free.

The temptation, then, is to make an example of anyone you are in a positions to punish, pour décourager les autres. This is what ancient societies were up to as well. It makes sense, especially if you consider the point of view of the potential criminal. 

You can look at risk as the combination of how likely a bad thing is to happen, and how bad it will be if it does. You may not be that likely to fall of the cliff if you go right up to the edge, but if you slip you'll die, so why risk it? If you're in a society without a functioning police force, the chance you'll be apprehended for doing something bad is pretty low. One way for the state to increase the risk you face (and hence deter you from wrongdoing), is to increase the penalty you risk facing. You think you probably won't get caught, but if you do...

The temptation to make an example of someone might be especially great when there are artificial barriers in the way of punishing other people who are up to the activity you dislike. For example, if a lot of the people saying things you find unacceptable are represented by anonymous Twitter accounts. Or if there's been a state amnesty saying you can't punish any of the members of a tyrannical junta.

That last thing, of course, is what happened in Athens after the murderous regime of the so-called Thirty Tyrants. Once the democracy had been restored, there seems to have been an agreement not to prosecute anyone involved with the Thirty, except for the Thirty themselves (some of whom had already been killed in the process of restoring the democracy). (What exactly the amnesty required is, like most things in ancient history, a little bit controversial).

In 399, only four years after the Thirty had been toppled, the philosopher Socrates, who had links to some of the Thirty (including Critias, one of the more extreme members), was executed on a vote of a popular jury. Why? It's complicated; there were lots of factors that led to that outcome, including the way he went about defending himself (if that was even what he was up to) in court. 

But one possibility is that his prosecutors indicted him on a charge of inventing new gods and corrupting the youth precisely because they couldn't prosecute him for what they were really angry at him for - the actions of the Thirty. And they also couldn't prosecute many of the people who they knew had collaborated with the Thirty. Nor could they prosecute Critias and others who were already dead. But Socrates was there, still going about his business asking irritating questions in public...

Note that the theory, if it's right, explains not only the excessiveness of the punishings but also the way they have of mistaking their object. At least, it looks an awful lot like all of the guilt for something is being loaded onto the back of one, unfortunate person who happens to be in the wrong place at the wrong time. That, of course, is another phenomenon that's familiar to anthropologists: scapegoating. 

One way to stop this sort of thing, as you might guess, is to get better at apprehending wrong-doers. But it's very questionable in cases like the ones mentioned above (sharing comedy sketches and so on) whether anyone's done anything wrong at all. Another way is to reduce narrow-minded people's exposure to views they find distasteful. 

Doing that by force would be wrong (people should be free to go on social media, of course), but it might be advisable, considering the kinds of moral risks involved, for some people to think twice about the amount of time they spend online. In other words, if you can't deal with different ideas, it might be best just to stay off Twitter. Otherwise you might find yourself with a cup of hemlock in your hand - handing it to an innocent person.