The Concept of "Cosmos" in Philosophical and Legal Discourse
The role of law in the conditions of cosmization of life. Analysis of the scientific and historical knowledge of the cosmization of rights. Rationale for the need to develop the order of the legal space under the leadership of the global administrator.
| Рубрика | Государство и право |
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| Язык | английский |
| Дата добавления | 27.05.2022 |
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The Concept of «Cosmos» in Philosophical and Legal Discourse
Larysa Soroka
Doctor of Law, Associate Professor, Scientific Institute of Public Law
Abstract
The article proves the need to rethink views on the role and purpose of law in the conditions associated with the cosmization of our life, which implies deepening knowledge about its relationship with the globalization changes that occur against the background of the increasing role of sustainable development of mankind. The paper uses a dialectical-materialistic method of cognition of objective reality, which made it possible to carry out a comprehensive scientific analysis of doctrinal provisions in the development of the concept of «cosmization of law. «The study allowed us to come to a number of conclusions. Cosmization of law is an inevitable process. It provides the transformation of law based on the use of new approaches to the development of a holistic concept of the universe, the idea of the unity of the whole world. The stated process is closely linked to space, so it should create new legal standards based on sustainable, safe, innovative, and inclusive human development. The paper substantiates the need to develop a legal space order under the guidance of a global administrator.
Keywords: global administrator, space, space activities, global administrative law, sustainable development, globalization, cosmization.
Introduction
What is the cosmos? Can it exist without a person, and if it can, what for? What is the essence of human relations in the cosmos? It would seem that these questions are remote for the average person and relate exclusively to the scientific considerations of highly specialized professionals. However, probably every representative of humanity sometimes, accidentally looking up at the night starry sky, at least once thought about what for, how and when cosmos appeared? What place does a person occupy in it? What is the future fate of humanity in it? How can it be used to benefit yourself and others?
All countries of the world are entering a new era of transformation of socio-economic and political-ideological relations, which are associated with the transition from anthropocentrism to biospherocentrism, which makes the interests of man and humanity depends on the needs of the entire planet and all life on it. Gradually, ideas about the connection between the biosphere and cosmos, man and cosmos, society and space entered scientific circulation, becoming an important part of the modern scientific worldview, a characteristic feature of modern culture. These views are usually called cosmism, and the process of forming such a worldview itself is called cosmization of science and philosophy (Grushevitskaia & Sadokhin, 1998).
The need to rethink the role and purpose of law in the context of cosmization of our lives implies the deepening of knowledge about its relationship with those globalization changes that are taking place against the background of the increasing role of sustainable development of mankind. Today, the study of the Earth by separate sciences that are in no way related to each other is a thing of the past. This approach is replaced by studying our planet from a global perspective, which allows us to understand the Earth as a whole and as part of the cosmos, which is interconnected and interdependent with a single whole of cosmic spaces. Part of the new cosmic worldview is the expansion of the subject of many old classical sciences, and they are going beyond the study of purely terrestrial phenomena and processes, the appearance of the cosmic aspect in their research (Grushevitskaia & Sadokhin, 1998).
Therefore, the analysis of the process of scientific-historical cognition of the cosmization of law from the point of view of the given task can contribute not only to a better philosophical justification of modern epistemological and methodological problems, but also create better opportunities for understanding the ideological mechanisms of forming historical concepts, ideas, hypotheses, and obtaining new knowledge about the past (Loseva, 2004: 146), but most importantly, getting new knowledge about the future. After all, the cosmization of law is changing not only through technical innovations that are initially used in space technology, but are gradually becoming part of our daily lives. The process of cosmization is of particular importance when it comes to long-term, strategic prospects for the development of society associated with changes in the value core of the modern worldview (Udartsev, 2019: 14).
Our research is based on the works of Vladimir Vernadsky, Konstantin Tsiolkovsky, Sergey Korolev and others. As for the theory of cosmization of law, it was partially considered in the works of Arkady Ursul, Tatiana Ursul, Sergey Udartsev, Sergey Krichevsky and others.
In the first part of the study, we highlight the conceptual directions of understanding the categories «cosmism»and «cosmization,»and in the second - «cosmization of law.»In general, the paper substantiates the need to create a new legal space order under the leadership of the global administrator - the World Space Union.
The genesis of conceptual directions for understanding the categories of «cosmism»and «cosmization»
The expansion of borders after the human spacewalk raised many questions for scientists about the knowledge of the nature of law as a special tool for the social engineering of space activities. Which is not only a regulator, but also the main management mechanism for the transition of civilization to a sustainable future in the context of the comprehensive penetration of space technologies and services into our daily lives.
In ancient times, the term «cosmos» was defined as order (from the ancient Greek коород) (Definition, 2020). This word was used in contrast to the Global chaos. For ancient philosophers, chaos is, on the one hand, a physical space, either empty or filled with something. On the other hand, chaos is the basis of world life. So, «cosmos»and «chaos» are continuous, endless and boundless processes of formation. Therefore, we will use the term «cosmos» and its derivatives in our work, and not «space». cosmization life global administrator
The term «cosmization» or «cosmism» began to be used quite a long time ago. Some scientists consider cosmization philosophical (Kovaleva, 2002: 12; Lytkin, 1996: 67) or a natural school (Gindilis, 1997: 142); others consider it an artistic direction (Karchevtsev, 1995: 6) or a socio-cultural phenomenon (Kurakina, 1993). In our opinion, it should be considered as a kind of thinking, mood, and imagination, with the help of which a kind of transformation of the established order takes place, the development of a new holistic concept of the organic unity of the whole world and its close connection with the universe, the cosmos.
The essence of this term is to assert that going into space changes a lot not only in the scientific sphere as part of culture, but also affects all spheres of social reality, changes the existence of humanity and its spiritual life. This is a qualitatively new milestone in the development of mankind (Atanasova, 2012).
In the works of many authors, the dependence of cosmos and mind was justified, the need to unite people not on the basis of socio-political or ideological theories, but on the basis of ideas of ecological order, sustainable development, and security was proved. Based on the idea of «common life»(Tsiolkovsky, 1989), a paradigm shift in science was justified - from now on, modern scientists are dealing not with nature in its pristine purity, but with nature, which is changed by human activity. The result of these reflections on the role of a man was the formulation of the anthropic principle in modern science (Grushevitskaia & Sadokhin, 1998).
Science develops in stages: normal science - its crisis - scientific revolution (based on a new paradigm) - new normal science (based on a new paradigm). Similar to the evolution of systems in synergetics: equilibrium - chaos - bifurcation point - new system. The scientific revolution has a fundamental character and concerns all the basic structural components of science: value-based, worldview, and practical. This leads to a difficult process of abandoning the old theory, which is accompanied by a kind of intellectual anguish, the change of generations of scientists. As a result: a) there is a change of paradigms, generations in scientific society; b) some concepts occupy a dominant position, while others are either sent to the archive of science, its history or become elements of new paradigms (Kotenko, 2006).
What is a paradigm? Clarifying this question, it is logical to note that the famous American scientist Thomas Kuhn defines it as one or more past scientific achievements, which for some time were recognized by the scientific community as the basis for the development of its further practical activities (Kuhn, 1975: 27).
When studying any processes that are associated with the study of various spheres of human activity, more and more attention is paid to the study of a new worldview. This process requires the introduction of a new system of values, a new solution to «eternal» human questions about the meaning of life, death and immortality, good and evil, which should be focused on human awareness of the consequences of committed actions (inactivity) (Grushevitskaia & Sadokhin, 1998). This, in turn, will help to find out certain patterns of understanding of human activity in any field, including in the field of space activities.
It should be noted that cosmization in science develops at least at three main levels. First, it develops at the empirical level, where new forms and methods of empirical cognition arise: cosmic observation and cosmic experiment. Secondly, it affects the scientific and theoretical level, where new branches of scientific knowledge arise. The third level is ideological, where a new scientific picture of the world is formed (Starostin, 2012).
Accordingly, in order for knowledge to turn into a scientific concept, it must meet the following criteria:
1. Be true, correspond to the objective realities of being and correctly reflect them.
2. Be accessible, i.e., materialized (monographs, scientific articles, dissertations, etc.) and put into scientific circulation, so that other scientists can research and apply them in further scientific, educational and practical activities.
3. Be logically and philosophically justified. Here we mean the logical correctness of knowledge, the correspondence of the acquired knowledge to the philosophical foundations of science, the ideals and norms of research, the picture of the scientific world and other general principles and laws, the criteria of simplicity, etc. Any scientific knowledge included in the scientific knowledge system must be properly justified by a set of theoretical knowledge and empirical facts (Syrykh, 2001: 32).
4. Be new. Today, as a scientific novelty in various branches of science, it is customary to consider, first of all, new knowledge, which is first proposed at the discretion of the scientific community. Secondly, the methods/ways and means used in the study for the first time or received an atypical combination and were used for the first time in a particular field of scientific research. Third, the specifics of implementation, which is expressed in the uniqueness of the implementation of the developed theoretical provisions in practice. Fourth - innovations that define and demonstrate achievements in the scientific and practical sphere (Baranova, 2018: 31).
In a certain way, the theoretical level of cosmic knowledge is connected with the previous stage of science development, which is called geocentric science. Such transitional forms include branches of science that study inanimate and living objects, as well as humans. We can consider all this in the example of the search for life in the Solar System, the formation of prerequisites for exobiology and space biology. This is the general relationship between space research and the development of the scientific and cognitive activity. In this process of cosmization of scientific knowledge, epistemological characteristics and the growing role of socio-cultural, value-based, and environmental aspects of scientific activity begin to be seen very clearly (Starostin, 2012).
We also note that today there is a combination of globalization and cosmization of public relations. Therefore, the «concept of anthropogeocosmism» (Ursul, 2013), developed by professor Arkady Ursul, deserves attention. The basis of this concept is the thesis that the main goal of space exploration in the near historical perspective is the use of space activities to solve global problems, and in the future - for the transition to socio-natural sustainable development on the planet.
Scientist believes that space activity in its development was initially a global problem, because before the human spacewalk, and for the most part now, this integration branch of science, technology and production had and has a globally terrestrial biosphere and activity basis. In the same sense, cosmization, which is taking place in parallel with globalization, has made a significant contribution to this latest global process. Global problems and processes, spacewalking are a natural consequence of the socio-economic and technological development of civilization. Their successful solution can be ensured in the process of interaction of all forces and factors that work for the transition to sustainable development. Space activity occupies a special place in this process: it expands the boundaries of the existence of our civilization, takes the activity of civilization beyond the globe, and at the same time a number of global, global problems and processes. If some of them are not solved on Earth, they will continue their cosmic existence. Thus, globalization will complete its «geocentric existence» and common mankind problems will find their extraterrestrial existence (Ursul, 2013: 152) since they will cease to be only global.
Academician Vladimir Vernadsky emphasized that all processes should be studied comprehensively, not limited to the narrow framework of one science and that it is necessary to strive to understand nature as a whole.
In his work «Neosphere» the outstanding scientist noted that «in our time, the framework of a separate science, into which scientific knowledge is divided, cannot accurately determine the sphere of scientific thought of a researcher, accurately characterize his scientific work. Problems that interest the researcher are increasingly not within the framework of a separate established science. We specialize not in science, but in problems. The scientific thought of the scientist of our time with unprecedented success and force delves into new areas of knowledge that previously did not exist or were a parish of purely philosophy or religion. That is the horizons of scientific knowledge increase in comparison with the 19th century. Problems that have gone beyond one science inevitably create new areas of knowledge, new sciences, and increase in the number and speed of their appearance, which characterizes the scientific thought of the 21st century» (Vernadsky, 2004: 90).
We see how today earth sciences using space technologies are successfully developing. New sciences are being created by analogy with Earth sciences, but with a cosmic component (for example, space oceanography, areography, materialology and climatology of planets). But most importantly, completely new space sciences are being created that have no analogues with Earth sciences (for example, alienistics is a discipline that searches for and investigates signs of the presence and activity of aliens (extraterrestrial beings) on Earth and in near-Earth space, and fights misinformation developed on this issue by the Earth's state authorities) (Ufological Dictionary, 2020).
At the same time, along with the cosmization of science, there is also a cosmization of global problems and processes, which essence is in the influence of cosmonautics and space factors on their development and solution. There is not only a single global problem, but also any economic, scientific, technical or other problems of modern humanity that are positively affected by space technologies. Of course, on the path of peaceful and sustainable use of space (Ursul, 2013: 162).
However, cosmization, in addition to having a positive impact on human development, has a number of problems that need to be addressed immediately. Therefore, collective responsibility is growing against attempts to arbitrarily use space technologies, products and services (Ursul & Shkolenko, 1976).
A clear example of the existence of a global problem that does not yet have adequate legal regulation of space activities is the informatization of our lives and the use of artificial intelligence.
Here we are not dealing with a simple increase in the flow of information, but with a qualitative change in the role of the information itself. The world of contacts between people has become necessary for everyone. We need information no less than material items that help us at work or in everyday life. Experts in the field of medicine and psychology have proven that in the conditions of so-called sensory isolation (complete lack of information about the outside world), a person quickly loses his mind (Alekseenkova, 2009). We now have available types of communication (television, Internet, various means of communication), which have covered almost the entire planet with the help of space technologies and services. Therefore, where the rights of some may harm the rights of others, reasonable restrictions on freedom must be imposed.
This is how the cosmization of consciousness manifests itself in politics and law, which lies in an increasing sense of responsibility for the fate of all the inhabitants of the planet. Cosmos is only a sphere of activity. By itself, it does not change or improve moral and legal norms. They change and can only evolve further «through the prism» (Ursul & Shkolenko, 1976) of social factors. After all, the moral and ethical problems of cosmonautics, their discussion to a certain extent really outstrip the adoption of legal decisions, because these problems are first raised and discussed in the circles of the scientific and political community, currents are formed in the public consciousness, which, as you know, are able to outstrip certain phenomena in public existence.
Therefore, cosmization by its characteristics is a global and universal process associated with space technologies, products, services, and space factors (outer space, space flight, space objects, etc.).
Cosmization of law and sustainable development
Let us return to the eternal question: Are space relations subject to legal settlement? Who does this and how? And the most important question is why?
On the one hand, these questions are primitive and do not make any sense from the point of view of the theory of law and the theory of international law. However, from the point of view of the principles of law, each country should establish legal regimes for the existence, development, protection and protection of public goods and international assets, focusing primarily on the interests of humanity and not relying on its own narrow interests of the country. However, in practice, for the most part, the opposite is true. Despite the fact that democratic and undemocratic states are very different in their state-legal nature, in terms of their behavior in the international arena, in particular in outer space, the difference is insignificant. Each sovereign state defends its own interest, and in the context of the commercialization of outer space, this is primarily an economic interest.
Accordingly, what should be the legal regulation of space relations: total or liberal? Comprehensive or selective? Or where is the intermediate truth that will ensure the effectiveness of management decisions regarding the admission of human envoys to space and provide them with the necessary conditions for the implementation of their goals? As mentioned at the beginning, the main tool for long-term strategic changes in society is the law. Therefore, the study of the legal aspect of space activities and the environmental and legal consequences of human spaceflight, particularly critical understanding of existing opinions in this area, is an important task. First of all, it concerns the cosmization of law in the context of sustainable development. This will be discussed in more detail in the following sections of the paper.
It should only be noted that the means of space activities, as already mentioned, are a powerful intensification factor that can significantly help in the «sustainable»solution of global problems through the use of outer space, forces and processes that go beyond the planet. The fact that the process of cosmization should reflect the sustainable development of mankind has been repeatedly emphasized by scientists and numerous international institutions that have recently formulated a new strategy for space activities. According to it, it is necessary to abandon the focus on unstable development and environmentally dirty, dangerous, too expensive equipment. The future of space activities is linked to environmentally safe, sustainable socio-natural development (Kaziutinskyi, 2009).
The focus on the «conquest»and «exploitation»of nature (terrestrial or cosmic) by scientific and technical means that are not constrained by environmental restrictions, on the total change of the natural human environment to an artificial one, has lost its former attractiveness in the eyes of most scientists. It now retains only a small number of adherents, according to whom, an increasing deviation from the state of balance with the environment characterizes the past of human civilization and its future. The strategy of «conquering»nature (including space) should be replaced by a sustainable strategy (Kaziutinskyi, 2009).
Against the background of today's problems, the formation of global governance will require a radical transformation of moral and legal norms. These norms will mostly differ from current international and national law, traditional and generally recognized moral norms and imperatives, including universal stereotypes. It is expected that the law of sustainable development will become one of the most likely options not just for international, but for a qualitatively new global law in the transition to sustainable development and the corresponding global governance transition. Therefore, two interrelated global processes will develop in parallel: the globalization of legal systems and processes (domestic, transnational and international) and their radical evolutionary and meaningful transformation (Ursul, 2012: 123), that is, the cosmization of law and society.
A significant type of cosmic order is the legal cosmic order and its phenomenon - the cosmization of law. Today we are witnessing a paradigm shift, resulting in a global scientific revolution - the cosmization of law. Which is considered as a kind of synthesis of knowledge that occurs against the background of our well-established idea of law and new cosmic knowledge. This synthesis will make it possible to offer a new system of knowledge and, together with scientific discoveries about the cosmos, will allow us to put legal science on the path of its transformation and new paradigms.
We note two general vectors related to the beginning of the cosmization of law and the process of forming space statehood. This process is related to the self-regulation of any nation-state in the world that has decided to solve existing problems related to the cosmization of public life by national norms. That is, the regulatory process can develop either spontaneously, or systematically and purposefully. And only by combining these two vectors of public administration, regulation, planning and control, in our opinion, can a harmonious transition to a new level of space statehood (sustainable, safe, environmentally friendly, innovative and inclusive) be ensured, both for the whole of humanity and for an individual country.
A global transition to sustainable development is possible only when it becomes internationally coherent because a sustainable future in principle will not occur in one individual country or any group. The global nature of the transition to a new civilizational paradigm requires the formation of not just new international relations, but fundamentally new global-stable relations that would be guided by new universal standards, norms and principles that would form a new system (form) of law - the global law of sustainable development. It is the global nature of the new civilizational strategy that testifies not only to the priority of international, transnational legal regulation in comparison with the regulation of national (domestic) law. However, the priority of international law is recognized by many states (Ursul, 2012).
We are talking about an obvious feature of the future global law of sustainable development of space activities. Which will manifest itself in the fact that the main acts of recommendation - sources of law - that now form the conceptual basis of this new law will be adopted within the U.N. at its various forums. In turn, regulations designed to regulate global commercial space activities should be adopted by the global administrator, for example, World Space Union.
In turn, law, being formed on the basis of national and international law, is to a certain extent combined with space law, which will gradually become not only international space law, but already a global space phenomenon. But this is only the beginning of the transformation of law. It is possible that the so-called «metapravo» may also appear (Yorysh, 1978: 65; Udartsev, 2003; Ursul, 2012: 143) as a law designed to regulate the interaction of humanity that has gone into space and alleged extraterrestrial civilizations.
The fact that space and the cosmization of law are becoming more and more relevant in our lives and require the development of not only new views, types of regulation, but also a new space doctrine is said not only by lawyers, but also by well-known scientists from other industries.
Finally, as we have repeatedly pointed out in our articles (Soroka, 2020; 2021), the outer cosmos is the common heritage of all mankind. All countries of the world have the equal right to freely explore, develop and use outer space and its celestial bodies, and space activities in all countries of the world should contribute to their economic development. In turn, scientific and technological progress should contribute to the security, survival and development of mankind and promote friendly cooperation of the peoples of all countries.
Conclusions
In philosophical and legal discourse, the genesis of cosmization is due to a paradigm shift based on the global scientific revolution - the cosmization of law, a global and universal process that is inextricably linked with space technologies products, services and space factors. In such conditions, the cosmization of law is an inevitable process, since it involves the transformation of law, based on the use of new approaches to the development of a holistic concept of the universe, the idea of the unity of the whole world and its close connection with space through the creation of new legal standards based on sustainable, safe, innovative and inclusive development of humanity.
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