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Technical Legality: Law, Technology and Science Fiction

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TLDR
In this article, the intersections of law and technology, referred to here as technical legality, are explored through taking science fiction seriously, and it is argued that reflection on technical legality reveals the mythic of modernity.
Abstract
This thesis concerns the intersections of law and technology, referred to here as ‘technical legality’. It argues that reflection on technical legality reveals the mythic of modernity. The starting point for the argument is that the orthodox framing of technology by law – the ‘law and technology enterprise’ – does not comprehend its own speculative jurisdiction – that is, it fails to realise its oracle orientation towards imagining the future. In this science fiction as the modern West’s mythform, as the repository for projections of technological futures, is recognised as both the law and technology enterprise’s wellspring and cipher. What is offered in this thesis is a more thorough exploration of technical legality through taking science fiction seriously. This seriousness results in two implications for the understanding of technical legality. The first implication is that the anxieties and fantasies that animate the calling forth of law by technology become clearer. Science fiction operates as a window into the cultural milieu that frames law-making moments. In locating law-making events – specifically the making of the Prohibition of Human Cloning Act 2002 (Cth) and the Motor Car Act 1909 (Vic) – with the clone ‘canon’ in science fiction (specifically Star Trek: Nemesis (2002)) and H.G. Wells’ scientific romances, what is offered is a much richer understanding of how the cultural framing of technology becomes law than that provided by the ‘pragmatic’ positivism of the law and technology enterprise. The second implication arises from the excess that appears at the margins of the richer analyses. Exploring technical legality through science fiction does not remain within the epistemological frame. Each of the analyses gestures towards something essential about technical legality. The law and technology enterprise is grounded on the modern myth, which is also the myth of modernity – Frankenstein. It tells a story of monstrous technology, vulnerable humanity and saving law. The analyses of the Prohibition of Human Cloning Act 2002 (Cth) and the Motor Car Act 1909 (Vic) show that this narrative is terrorised, that the saving law turns out to be the monster in disguise; that the law called forth by technology is in itself technological. In extended readings of two critically acclaimed science fictions, Frank Herbert’s Dune cycle (1965–83) and the recent television series Battlestar Galactica (2003–10), the essential commitments of technological law are exposed. Dune as technical legality makes clear that technological law is truly monstrous, for behind its positivism and sovereignty its essence is with the alchemy of death and time. Battlestar Galactica as technical legality reduces further the alchemical properties of technical law. Battlestar Galactica moves the metaphysical highlight to the essence of technology and very nearly ends with Heidegger’s demise of Being in ‘Enframing’: monstrous technology and monstrous law reveal a humanity that cannot be saved. However, at the very moment of this fall, Battlestar Galactica collapses the metaphysical frame, affirming technological Being-in-the-world over empty ordering, life over death. This free responsibility to becoming that emerges from Battlestar Galactica reunites technical legality with the mythic of modernity. The modern denial of myth, which allowed Frankenstein to narrate technical legality, has been challenged. Free responsibility to becoming means a confidence with myths; it clears the way for the telling of new stories about law and technology.

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Taking Rights Seriously

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Margins of Philosophy

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Framing the Future: Science fiction frames and the press coverage of cloning

TL;DR: Pompper et al. as discussed by the authors argue that the science Ž ction frames that journalists turned to in the cloning crisis emphasized anti-science themes intrinsic to science, while concurrently establishing a series of narrative oppositions through which the coverage might be shaped: science versus religion, high culture versus low culture, the Romantic sense of the individual versus mass society.
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Genetics, cyberspace and bioethics: why not a public engagement with ethics?

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Regulation of hESC research in australia: Promises and pitfalls for deliberative democratic approaches

TL;DR: In this paper, the authors discuss the debate surrounding the legislation with particular emphasis on the ways in which demands for public consultation, public debate and the education of Australians about the potential ethical and scientific impact of human embryonic stem cells (hESC) research were deployed and the explicit and implicit framing of the scope of public consultation.
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The Concept of the Political: A Key to Understanding Carl Schmitt's Constitutional Theory

TL;DR: In this article, the authors focus on the work of Carl Schmitt, in particular the significance of Schmitt's concept of the political for an understanding of his legal and constitutional theory.