Valentin Halunko – Professor, Doctor of Law,
President Scientific Institute of Public law
HUMAN AND SPACE:
Colonization from the legal philosophy standpoint
Human Being is now at the turn of an era of new opportunities. We were in the cradle of the Earth’s atmosphere only for a short while of about 200 thousand years, which, in terms of the Universe, is just a blink of an eye. Humans have entered Space – today we are present in the near-Earth space, tomorrow interplanetary travelling will become our reality, and so forth. Spaceflights are becoming an ordinary routine practice. There is no stopping us. With the spaceflights currently supported by governmental funding and further on – by private financing, Humans will be increasingly expanding from the Earth deeper into the outer Space.
We believe without doubt that the major law of physics, presently limiting us to the speed of light, will become just a particular case of a more general theory – as the Newton’s law of universal gravitation once became a part of the Einstein’s theory of relativity. From that moment on, only the time needed to develop and build the spacecrafts will keep Humans restrained from the unlimited natural resources of the Space. Colonization of space is unavoidable and unstoppable; therefore, it shall be governed by the Space Law based on certain theoretical framework.
To our opinion, Space colonization shall be founded on the following principles of legal philosophy:
- Human is a living being, conceived when a female egg cell and male sperm cell unite, originating from Earth regardless of the method of conception and birth. Human is the ultimate matter of the Universe (the Creator). The main features of a Human are intelligence (reason) and humaneness.
- Human is eternal by way of material embodimentthrough DNA of the children and moral qualities conveyed to them, or by virtue of faith in God.
- Human as an intelligent being is a unique creature. No identical creature exists elsewhere in the whole Space. There is no other intelligent life, except the life of a Human or the life created by a Human. Artificial intelligence created by a Human shall not be smarter than a Human. Law shall prohibit creation of intelligence smarter than human brain.
- Human is the supreme value for Space, State and other humans. Life and health of a Human are indefeasible and inviolable. A Human must treat other Humans respectfully and humanly.
- Human originates solely and exclusively from Earth – so called “terrestrial origin” (directly or via ancestors) – Solar system – Milky Way galaxy. Earth is the Space geographic centre and all the distances in Space shall be measured from the planet Earth.
- In terms of Space, Human is a very young creature (about 200 thousand years). Humans have a bright future ahead – they will be settled throughout the Space. Humans are noted for their desire to gain knowledge and develop, to progress socially and increase labour productivity;
- All the natural resources of Space belong to Humans. The natural resources of Space are limitless. Number of humans in Space will increase infinitely, with each and every Human being unique and inviolable.
- Human will be settled in Space within the main localities as follows:
1) artificially created planets ideally suited for life, which will be orbiting the appropriate starts;
2) artificially created planets ideally suited for life, which will be orbiting the appropriate major planets;
3) artificially created planets ideally suited for life, which will be orbiting the galaxy center;
4) artificially created planets (spacecrafts) travelling in Space;
5) natural planets artificially suited for the human life;
6) natural planets with the Earth-like resources and climate.
- Humankind on the planet Earth shall adopt the laws of Space colonization and regulations on establishment of colonies and new states beyond Earth. If Humans fail to do so, space piracy and wars for independence of new human communities will be unavoidable.
- Though, taking into account the vast space resources to satisfy the human needs, there are no objective causes for piracy and wars.
- Human shall continuously develop (work): five days for professional activities, one day for family matters, one day for rest and recreation.
- Primary purpose of a Human in Space is to self-develop, give birth to children and raise them. Every Human together with his or her soulmate \ partner shall have no less than three children. Parents shall bring up children. Adult children shall support their elderly parents. The more children – the better is the wellbeing of an elderly Human.
- Human engages in competitive activity with other humans, which is an integral part of the Human’s psychology. State shall establish the competition rules and guard against the dangerous kinds of competition.
- Objectively, the states enter into competition against each other. Humans shall set the international space rules to avoid escalation of competition into war.
- Human shall be entitled to mechanical self-improvement by means of implantation of artificial elements into human body. Quantity of artificial elements in the body of a Human will constantly grow. In such case, Human and robot will be distinguished based on presence \ absence of the functioning cerebral cortex.
- Robots must never:
1) have legal personality \ capacity of a Human;
2) govern a State;
3) adopt laws;
4) deliver justice \ conduct legal proceedings;
5) manage the state bodies, local authorities and legal entities
6) operate weapons independently, etc.
Thus, colonization of Space by Humans is an objective, irreversible and progressive event, and it shall be governed by certain rules to be established by the world community before this process acquires such uncontrolled elements as piracy and wars for independence of the newly created states. Without claiming to be in possession of ultimate truth, we offer to the world community the principles of legal philosophy for Human and Space interaction in the course of future colonization of Space for debate.