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Singularly Technical Judgements

Driving down the freeway in the rain, my iPhone was playing a discussion about Clarence Thomas and the Supreme Court. Justice Thomas has been notable for being the dog who didn't bark in the night. During his tenure on the court he has never asked a question or made a comment during oral arguments. Recently his silence has become so deafening that a few pundits have been compelled to speak out about it. Thomas's position is that when lawyers appearing before the Supreme Court are laying out their arguments, one ought to listen.

Supreme Court justices are appointed for life. To some it seems odd that Thomas might serve for the rest of his life without saying a word. To be clear, he writes opinions and speaks publicly quite a bit outside the court. I'm not bothered by his selective silence, but this focus on the court did cause me to think about the ideological bent of the current court. The purer the ideology of a Supreme Court Justice the easier it would be to replace the judge with an algorithm that takes decisions based on an ideological formula. And if the appointed Justice was truly dedicated to an ideology, wouldn't it make sense for use a computational algorithm in place of his or her own judgement. If the law is simply a matter of “calling balls and strikes” as Chief Justice Roberts has said, then by employing slow-motion replay and a rulebook one ought to be able to make perfect rulings each time.

And to extend a little more, let's say that we achieve some subset of the goals of the singularity movement and Justice Clarence Thomas decides to upload his consciousness into a cloud computing environment. We expect our Justices to take care of their health, and many serve well into their 80s. In this thought experiment, Justice Thomas has just extended his life by many years–possibly infinitely. As he has been appointed for life, he will have established a permanent ideological position on the Supreme Court for as long as the court exists.

If presented with the option to serve forever, what would it mean to decline to be uploaded? What would it mean to decline to use a computer algorithm to make sure you correctly expressed the tenets of your ideology?


Published in culture digital identity value