ENVOYS OF MANKIND

The prefix "meta-" connotes analysis or study of something, usually with the goal of deriving its first principles. For example, metalaw is the comparison of legal systems (e.g. British Common Law) and the derivation or elucidation of the underlying framework upon which systems of laws are built. Once attained, such a framework would facilitate the extension of laws into new domains of human activity — such as outer space. (On 12/21/2003, I added a digression: the authors' explanation of common law.)

Basic principles of law are inextricably intertwined with the basic nature of humankind. This book, then, is at bottom an exercise in metahumanity. Its authors are reasonably well prepared1 to undertake such a study. George Robinson was awarded the first doctorate in space law, served with NASA and the FAA, and when this book was published was associate general counsel of the Smithsonian Institution. Harold White is one of the first academic specialists in space law, and was a visiting professor of law, ethics and policy at the University of North Carolina at Chapel Hill.

Informed by the seminal work of Pierre Teilhard de Chardin, The Phenomenon of Man, their book similarly begins by reprising the development of Homo Sapiens Sapiens from what it calls the plasma era2 through prehistory to the present day. But their emphasis is on a different sort of tension — that between the instincts for combat and cooperation, both nurtured by the harsh conditions of man's prehistory. In the Twentieth Century, with its World Wars and the subsequent presence of nuclear weapons and globe-girdling means of delivering them, the necessity to guard against hostile nations remained vital. So did the need for cooperation, on many fronts.

The book really becomes interesting when it starts to trace the interaction of these conflicting needs in scientific efforts like the International Polar Years (1882-3, 1932-3) and later world-wide scientific efforts. NASA, notably, was chartered as an explicitly civilian agency, dedicated to peaceful science and exploration, as much to keep its activities out of the military's sphere of influence as the reverse. The Mercury astronauts, chosen by Eisenhower's explicit order from the pool of 540 military test pilots, could thus represent the highest ideals of America while fulfilling a practical military-political purpose: to beat the Soviet Union into space, demonstrating the superiority of American democracy over Soviet communism with a symbolic rather than a literal victory. The Mercury (and Gemini and Apollo) astronauts, then, were by ancient tradition America's champions3, and choosing them from among its foremost military heroes was justifiable on that basis. It was nonetheless a controversial decision, with ramifications that the authors explore briefly but adequately.

In its 29 relatively short chapters, this book sometimes wanders into mysticism. The authors praise Teilhard's work, and present his concepts of elemental mind and complexification to an extent that makes them seem disciples of his. Extrasensory perception (ESP) is discussed with credulity, while the treatment of engineering and medical matters is IMHO inadequate. Works by Marshall McLuhan and New Age gurus such as Jack Sarfatti4 are cited. The authors like big words (especially juridical and jurisprudence and compound words based on them) and their sentences tend to be long and convoluted. Nevertheless, this book is thoroughly researched, well-written, and definitely worth reading for its perspectives on historical and current legal systems and how the law is likely to evolve as we become a truly spacefaring species by establishing communities outside Earth's atmosphere.

But for those who want to "cut to the chase", chapters 1 through 18 can be regarded as preliminary. Skip them and begin with Part VI, Astrolaw and Space Law. Read through Chapter 26. The remaining chapters are, IMHO, more nebulous in a way reminiscent of the book's beginning.

The text ends with an Epilogue and a Postscript. These comprise a treaty specimen based loosely on the "Law of the Sea Treaty" and a Spacekind Declaration of Independence. An annotated bibliography containing 152 entries and an extensive index round out the book.

To contact Chris Winter, send email to this address.
Copyright © 2003-2014 Christopher P. Winter. All rights reserved.
This page was last modified on 12 June 2014.