Juristic Park! - Living Legal Fictions

I find the concept of Juristic Personhood to be really interesting.

That's the practice of assigning some or all of the legal standing of a human being to a non-human system, like a corporation, in order to, as I understand it, simplify questions of ownership around the materials used by that corporation in its business, as well as to protect the actual humans who form that corporation from individual liability in the event of the corporation's failure.

Juristic Personhood has been a tremendous benefit to economic development. I like to think of it as a way of constructing artificial super-beings which we can dress ourselves in to engage in economic tournaments with each other. Giant, semi-autonomous mecha power-suits built of laws and strategic plans. But enough of my fevered imagination.

I'm not going to go into the old slander of a corporation, considered as a person, exhibiting the symptoms of clinical sociopathy. Clearly the fictional beings we're calling Juristic persons aren't fully valent human personalities. They're creatures with something like a quarter or an eighth of a brain... just the deep, autonomic and reptilian bits. You wouldn't call a reptile a sociopath, it's just a reptile. That's the level our current, very useful, Juristic Persons exist on.


This picture of a boa constrictor linked to from Mozambique - Moments's Flickr photostream, he owns the picture; made available under a creative commons license, some rights reserved.

But it doesn't have to stay that way. As we talked about yesterday, if consciousness can be expressed as a set of rules, and a Juristic Person is essentially composed of rules, should the rules become comprehensive enough, and independently operating, we might be able to build up our Juristic Creatures to more full personalities, with real social imperatives. We could give them the corporate equivalents of the pre-frontal lobes, instead of limiting them to reptilian nervous systems.

The difference between this Juristic Person (JP) and the standard concept of an Artificial Intelligence (AI) is that the JP comes already plugged into a Darwinian environment - the economy. It has a food: capital. It has a metabolism: production/service provision. It has a means of storing excess energy: wealth. It can thrive or perish in this environment, which is rich in variety and opportunity and hazard. It's more than a metaphor, it's a real environment that has been winnowing the existing reptilian species of JPs for centuries now. It's still an economic age of dinosaurs, a Juristic Park. If there is a revolution in wealth creation coming, I think it will involve our JPs evolving into something more mammalian.

Here's where thinking out loud is going to carry me into absurd extremes, but it looks fun over there, so let's go!

Given enough elaboration, and enough automation, I think we'll be able to build corporations that require few, if any, human beings in the system. I believe we'll eventually figure out ways for the various kinds of corporate guidance (the jobs of executives) to be derived using analysis of historical cases, existing market conditions and built in corporate goals, that will provide steadier, more beneficial leadership than the hodge-podge of people currently involved. A corporation is essentially a machine that produces wealth, and I think that eventually we'll be able to program these machines to run better on their own than they can with a human's hands on the wheel.

Eventually, if you can suppose an autonomous JP that achieves the semblance of consciousness, given the already extant legal definition of a corporation, might not a fully automated, conscious appearing wealth generating system with legal "personhood" be able to stand beside a natural human being in the world's esteem?

This thing would exhibit signs of intent and comprehension, it would be making a positive contribution to the wealth of the society around it, and it already has a framework in which it's legal rights can be equated with personhood.

This is a true form of Revolutionary Wealth.

I didn't think it up, though. Alot of the above is elaboration on ideas presented by Charles Stross in Accelerando as a concept called Economics 2.0. As he imagined it, it wasn't the best thing for anyone who couldn't keep up.

But more on that later.