Law is a normative value to help society live in collectivity and harmony. For law to be a supreme regulator of all, it must become integral in theory and practice. An integral dimension of law helps State, society and legal systems to balance and harmonize competing claims arising out of complexity and heterogeneity of life and changing needs. This concluding article authored by Professor Dr. K. Parameswaran, Part II, explains ‘integral dimension of law’ that exists between Law, Science and Technology.
In our previous column we saw how Indian Constitution has many provisions that deals with terms like science and technology. We also saw how a legal system that deals with science is in fact a dealing with technology that comes out of a body of scientific knowledge applied for particular purpose or utility. In case, a legal system and technology-application conflict and contradict with each other as both of them have distinct body of knowledge and aims, how do we get them reconciled and be at harmony? Can they remain independent forever? We also understand that there is mutuality between them in their interrelationship and it is towards human wellness and social wellbeing, socioeconomic equality, predictability, peace, development with justice, ethics etc. But, how do we get at all these? Integral dimension of law resolves these conflicts between two distinct spheres of knowledge by presenting three facets of deeper understanding. One, inherent order as foundation for both law and science, two, indispensable necessity to deal with problems that both law and science hold as noble functions and finally, third, that these aforementioned two facets must result in value of holistic utility to human life, social existence and universe which law and science or legal system and technology must hold as their ultimate aims.
Both law and science have this foundational element; order. At their core, order is fundamental to their existence. When we refer the terms law and science, it is in a way the sense of inherent order is what is normally understood in both of them. This can be understood when we see the epistemological and social understanding of these terms. Initial understanding of law came through felt necessities of inherent sense of order as developed by natural school of law. Whatever be the nature of its source; god or transcendence or nature itself, it is all about the order as existing and holding all that we know as reality of life. There is something essential, permanent and unchanging that holds this reality of universe and existence. Similarly, science as understood at its core, is the underlying knowledge of the very existence and the physical reality of matter and evolution of life. The perception of the solidity of invisible energy-force immanence in space and the knowledge of that reality of life constituting material bodies in time and space shows a constancy and unfailing immutability. This deep but primary fact of observation and acceptance by experience in disciplines of both law and science must make researchers and critical thinkers work only towards maintaining this fact of ultimate truth, positively nurturing this realm of experience in human life, social existence and the supporting material universe. Legal researchers must see and use legal system only to uphold this reality of the truth of order when technology born out of science comes before human and social existence. In one way, technology out of science cannot disturb order as perceived in law and the legal system that is working to manifest it. So also, scientific researchers, who must work and use scientific knowledge only to aid and achieve through technology what law wants to accomplish for all; economic and social equality, tools to express liberty and manifest progressive development with justice for one and all. Because when we see material body of this nature and universe, we realize that it is a form of miracle as we did not create it, so we cannot but support and only nurture it.
This is what sustainable development of inter-generational and intra-generational equity principles are all about. Thus, for example, alleviation of poverty, respect for sustainable development, nurturing ecosystem and biodiversity, explorations in outer space and deep-sea mining are or can be only to the extent it enhances and enriches positively our human wellbeing, social harmony and the whole of universal and planetary order.
Legal systems are meant to ease social and economic life through regulation of social behavior and conduct resulting in external order where a complex and heterogeneous collectivity with divergent variables mix, interact and coalesce with one each other. Those who theorize law and work for strengthening legal system or those who understand the depth of science and bring technological breakthrough not only know what is meant by an external order but also understand what the source of that order is. External order is a reflection of inner or internal order. Or it is the outer manifestation of inner dimensions of order. This must be the core goal for both disciplines of law as well as science, which exist to deal with problems and bring solutions to them. This can be easily explained by taking one simple example; Article 21 of the Indian Constitutional Law. It reads as follows; ‘Protection of life and personal liberty – No person shall be deprived of his life or personal liberty except according to procedure established by law’. Since the very first day of the Indian Constitution when it came into force (January 26, 1950) till today, meaning, interpretation, application and operation given to Article 21 has undergone maximum amount of modifications and corresponding practical utilities. Yet, Article 21 remains the same, both in spirit as well as in form. This is because of the felt necessity of inherent order spirited in the Article 21 hovers across spectrums of varying social times giving new meanings to all external situations of problems and crises as and when it develops. It binds to the extent recently the Supreme Court of India has given a judgment which is highly debated as to the relationship between Right to Privacy under Indian Constitution and Aadhaar which is technological revolution towards cashless, corruption free, service-oriented welfare ethos of the State. This crossroad is something highly significant for limits of law and science or legal system and technology. Where is the line to be drawn between how much information about identity of a person can be technologically served. Legal researchers must understand this practical and utilitarian empiricism without the dilution of doctrinal values that solutions be the end goal of all research to find answers for problems. Scientists too much understand that technology that comes out of the body of scientific knowledge must be tested on its no-harm utility to human life, social existence, sustainable development, biodiversity and ecosystems or even right to privacy and stress-free State welfare services to reach one and all. This approach if balanced by both law and science or legal system and technology can give not only peace, but also progress and prosperity to one and all.
It must be understood that the purpose of any research is to solve problems and ease life. Law and legal systems wants to regulate problems of social order and harmony. Science and technology wants to use and ease human energies towards simplicity and universality of utility for all. However, both law and science, legal system and technology must understand that they regulate problems and ease human energies not only to benefit human well-being and social existence but also benefit by positive protection of the whole ecosystem, flora and fauna and the whole gamut of sustainable development. It shall be the duty of every legal and scientific researchers that their care of order and development, peace and prosperity is not just augmentation of philosophy and practice of speciesism and anthropocentricism alone, but also a deep spirit and practical respect for earth jurisprudence and planetary wellbeing. This confluence or integration shall be a ‘participation of the whole towards enrichment of the whole’.
One wonders what the concerns are in this integral dimension of law between law, science and technology. Dogmatism, bigotry and sectarianism have been the basic problems of human thinking and life since the advent of human reasoning that is lop-sided and not able to hold truth or reality as a whole or one continuum. This lack of wideness in thought and approach must be removed. And, integration of law, science and technology is no doubt a great starter as both disciplines deal with complex matters of understanding and practical approaches to life at all levels. If we want to meaningfully end human and planetary crises as well as enrich life as a whole towards peace, progress and prosperity, law, science and technology hold a definite direction to solution. If we view law, science and technology from this prism, we can understand very well what it means to have a Fundamental Duty in Indian Constitution under Article 51A that reads as follows; ‘To develop scientific temper, humanism and the spirit of inquiry and reform’. We begin to understand something new in all those provisions in the Indian Constitutional Law that deals with science and technology as shown in Part I of this article. This is where integral dimensions take researchers to look into these two disciplines from a deeper but from practical and utility-points of view. Follow the next issue for Part I on Integral Dimension of Law: Law and Economics.
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