Digital Technologies and Law (
секция
на
английском
языке
)
______________________________________________________________________________________________________________________
220
Serikbek Murataev,
Ph.D. in Law, Associate Professor,
Tashkent State University of Law
EVOLUTION OF THE FORMATION OF HUMAN SOCIETY
AND THE GROWING DIGITAL SOCIETY ERA:
LEGAL AND POLITICAL APPROACHES
Abstract.
Objective: The core objective of this article is to share a prediction of
digital development and its possible consequences in the case of the current stream
improvement daily affecting humans’ lives and rights.
Methods: In the framework of this work, the author used several qualitative and
quantitative methods to prove his statements to reveal scientifically proven conclu-
sions among which such methods as observation, statistics, SWOT analysis, historical
analysis, interviewing experts, and many others.
Results: The author delivers several interesting conclusions based on practically
observable events and shares some predictions, which deserve attention to check and
proper actions taking into account facts drawn by the author. As a result of the scien-
tific investigation first revealed a summary that mankind from the outset of the new
century entered to new Era or form of society called digital society, in terms of for-
mation attitude even capitalistic society is going to the past liberating its place to the
digitalization Era. The author pointed out along with positive expectations some sys-
temically important vital changes might bring humankind into new forms of exploita-
tion. Over the growth of the digital Era, some nations might lose their identity and
even disappear as nations inevitably force law to weaken. There is a view that the ex-
cessive booming of AI and other digital era findings even futuristically arguing might
create or self-create a new form of species that might be a rival before homo sapience.
Scientific novelty: The author came to a conclusion taking into account the
length of every previous form of human society and the contractions of its living peri-
od derived interference that even though the digital era came into our life comparative-
ly recently, however, it will not last for centuries like feudal or bourgeoisie society.
Although, generally the essence of legal acts will be closer to above mentioned period
ones, and existing state borders will be a matter of formalism because people will
move around the globe. Unfortunately, this fact as a side effect might be the core rea-
son for the disappearance of some nations’ identities creating and gradually strength-
ening the global economy and later global government as well.
Practical significance: In terms of practical value, the superiority of public law
will exceed in comparison with private law and its consequences will be sensible in
real life meaning that every part of private life will be measurable and accessible for
publicity. The value of such professions as lawyer, driver, teacher, or engineer might
fall down in human society and be substituted by AI creatures. Over the years, depend-
ing on rocketing AI even humans might be considered by society as spare parts of AI.
Keywords:
digital society, the transition of human society, human rights, natu-
ral human rights, government responsibility, duration of human society, AI creatures, a
flame management skills
Digital Technologies and Law (
секция
на
английском
языке
)
______________________________________________________________________________________________________________________
221
ЭВОЛЮЦИЯ
ФОРМИРОВАНИЯ
ЧЕЛОВЕЧЕСКОГО
ОБЩЕСТВА
И
ЭРА
РАСТУЩЕГО
ЦИФРОВОГО
ОБЩЕСТВА:
ПРАВОВЫЕ
И
ПОЛИТИЧЕСКИЕ
ПОДХОДЫ
Аннотация.
Основная
цель
этой
статьи
–
поделиться
прогнозом
цифрово-
го
развития
и
его
возможными
последствиями
в
случае
текущего
улучшения
по-
тока,
ежедневно
влияющего
на
жизнь
и
права
людей.
Методы:
В
рамках
данной
работы
автор
использовал
несколько
качественных
и
количественных
методов
для
доказательства
своих
утверждений,
чтобы
выявить
научно
обоснованные
выводы,
среди
которых
такие
методы,
как
наблюдение,
статистика,
SWOT-
анализ,
исторический
анализ,
интервьюирование
экспертов
и
многие
другие.
Результаты:
автор
делает
несколько
интересных
выводов,
основанных
на
практически
наблюдаемых
событиях,
и
делится
некоторыми
прогнозами,
кото-
рые
заслуживают
внимания
для
проверки
и
правильных
действий
с
учетом
при-
веденных
автором
фактов.
В
результате
научного
исследования
впервые
был
сде-
лан
вывод
о
том,
что
человечество
с
начала
нового
века
вступило
в
новую
Эру
или
форму
общества,
называемую
цифровым
обществом,
с
точки
зрения
форми-
рования
отношения
даже
капиталистическое
общество
уходит
в
прошлое,
осво-
бождая
свое
место
для
Эпохи
цифровизации.
Автор
отметил,
что
наряду
с
пози-
тивными
ожиданиями
некоторые
системно
важные
жизненно
важные
изменения
могут
привести
человечество
к
новым
формам
эксплуатации.
С
развитием
циф-
ровой
эры
некоторые
страны
могут
потерять
свою
идентичность
и
даже
исчез-
нуть,
поскольку
страны
неизбежно
принуждают
к
ослаблению
закона.
Существу-
ет
точка
зрения,
что
чрезмерный
бум
искусственного
интеллекта
и
других
от-
крытий
цифровой
эпохи,
даже
с
футуристической
точки
зрения,
может
создать
или
самосоздать
новую
форму
вида,
которая
могла
бы
стать
соперником
человека
разумного.
Научная
новизна:
с
учетом
длительности
каждой
предшествующей
формы
человеческого
общества
и
сокращений
продолжительности
ее
существования,
вызванных
вмешательством,
автор
пришел
к
выводу,
что
цифровая
эра
хоть
и
вошла
в
нашу
жизнь
сравнительно
недавно,
но
продлится
недолго.
столетиями,
как
феодальное
или
буржуазное
общество.
Хотя
в
целом
суть
правовых
актов
бу-
дет
ближе
к
вышеупомянутым
периодам,
а
существующие
государственные
гра-
ницы
будут
вопросом
формализма,
поскольку
люди
будут
перемещаться
по
зем-
ному
шару.
К
сожалению,
этот
факт,
как
побочный
эффект,
может
стать
основной
причиной
исчезновения
идентичности
некоторых
стран,
создавая
и
постепенно
укрепляя
глобальную
экономику,
а
затем
и
глобальное
правительство.
Практическая
значимость:
с
точки
зрения
практической
ценности
превос-
ходство
публичного
права
будет
превосходить
частное
право,
и
его
последствия
будут
ощутимы
в
реальной
жизни,
а
это
означает,
что
каждая
часть
частной
жиз-
ни
будет
измеримой
и
доступной
для
огласки.
Ценность
таких
профессий
как
юрист,
водитель,
учитель
или
инженер
может
упасть
в
человеческом
обществе
и
быть
заменена
ИИ.
С
годами,
в
зависимости
от
стремительного
развития
ИИ,
даже
люди
могут
рассматриваться
обществом
как
запасные
части
ИИ.
Digital Technologies and Law (
секция
на
английском
языке
)
______________________________________________________________________________________________________________________
222
Ключевые
слова:
цифровое
общество,
переход
человеческого
общества,
права
человека,
естественные
права
человека,
ответственность
правительства,
продолжительность
существования
человеческого
общества,
искусственный
ин-
теллект,
яркие
навыки
управления
Introduction.
If we consider the duration of creation of the whole Universe and
the formation of this planet then might infer that humankind comparatively emerged
recently in this scene. Therefore, it is our moral duty to analyze our being here in terms
of law and politics since by means of these sciences we can deeply analyze human in-
teractions and interrelations over the millennia and derive proper summaries to main-
tain Homo sapiens as an existing species. Although it is an axiom that everything in
the world has its initiation and ends, we are the most (at least we are used to consider-
ing ourselves as the most) reasonable and thinking creatures in the world would natu-
rally try to further improve the quality of our life discovering various things such as
cutting-edge technics, AI and social networks. At the same time, inevitably forever
changing our lives unnoticeable. As prominent scientist, Neil de Grass Tyson urged: In
fact, humans cannot really kill Earth. Earth will remain in orbit around the Sun, along
with its planetary brethren, long after
Homo sapiens
have become extinct by whatever
cause, it is indirect proof that humankind might really be extinct. The inductive view
of human history released before us one exact truth to survive is the human interrela-
tion. In a pre-historic era when ape-like humans lived separately, they constantly were
easy prey before animals, which unlike our ancestors lived in groups. Only coming to
Genetic society Homo habilis people mastered the ability to live in groups. Gradually
they understood that the only way to live a life before the harsh conditions of nature
and animals is the interaction, living together, seeking food together, finding shelters
together, and defending together. Those natural needs revealed to us that the associa-
tion of people is one of the natural rights of every human. From the contemporary per-
spective, it is the principle that citizens are entitled, collectively, to govern themselves.
In modern days, separation from all over the world is a guarantee of lagging and
a certain amount of degradation for most of us and even for entire societies. There are
many instances of this account. Only personal human interaction assisted us in surviv-
ing, designing communication skills, and developing senses such as love, friendship,
compassion, loyalty, and many others. Human persistence contributed to many discov-
eries over these millennia. Taking into account all these facts, today we can infer an-
other vital natural right of humans, which are right to freedom of speech and the right
to freedom of creation. We can summarize from those early periods because of scien-
tific proof of the emergence of these rights. In fact, without human association, out-of-
speech interaction, and investigation of all mysteries of this world humankind could
not adapt to survive. It is a mandatory circle of this world. Therefore, all are vitally
necessary issues we could state as natural rights, which are inalienable supporting hu-
man beings. However, in the modern days just as people unite externally, they more
deeply separate internally. Significant improvements of technics and technologies that
enable us to live healthier, more abundant, and easier internally people moving away
from each other. When we infer moving away from each other, we mean not only on a
micro scale but also on a macro scale. Creation of separate blogs, military forces, and
Digital Technologies and Law (
секция
на
английском
языке
)
______________________________________________________________________________________________________________________
223
economic alliances, which inevitably affect a private sphere among ordinary people.
Although this increasing separation takes its origin from early, pre-historic periods.
If the interrelation and interaction of humans took its origin in a pre-historic era
in order to counteract to animals, today there is no animal whom human might be
afraid. Therefore, to reach true human unity repeatedly once more perhaps there ought
to be something smarter, bigger, and more cunner than a human being is. In fact, all
these issues started a long time ago when humanity mastered the skill to manually
manage a fire. Because this discovery was truly a life-changing finding that provided
early men with constant warmness, and relatively mild food, and the foremost fact is,
that managing fire supplied them with essential tools to defend themselves from ani-
mals, which was ever number one priority of time. Metaphorically arguing it was
transferring relay on ruling this world from animals to humans. Still, Homo sapiens
going in rivalry with each other. However, indeed the discovery of fire management
ability has two aspects: advantages and disadvantages. Almost all the pros were count-
ed above, and there is a spot to reveal some cons. The first and foremost side effect is
spreading human greed, superiority, and a sense of power because of possessing such
skill to manage fire. Since, gradually after fire managing skills those curious ones felt
a sense of importance and another euphoria and commenced experimenting with vari-
ous things throwing items like stones, leaves, soil, and much other accessible stuff into
the fire hoping to discover other things. Thus, it was discovered metal over certain pe-
riods, melted by fire, and shaped into useful tools, which contributed to the rocketing
of early people's lives to another level, from gathering society into producing one. On
the other hand, beginning real and tangible stratification of society.
In terms of the economy, homo-habilis’s life was based on gatherings Mother
Nature endowed them with fresh water, wild apple trees, and many other eatable
plants, up to the discovery of fire managing skills and the aftermath development of
metal. Actually, that period of life probably was the most careless and truly happy life
of humankind over the period of its existence. Despite that, some scholars titled this
period of humankind the “age of savagery”. There was no rivalry among people and
no worries about future plans and so on. However, as soon as one commences to be
curious about how the environment works, everything starts to change. Exactly skills
to manage fire was the starting point in this journey. Further events and most of the
findings had cause and effect on relationships and in the end gradually divided newly
created even it was tribal human societies into skilled ones and vice versa. Gradually
over the years learned how to hunt successfully (it was thanks to human association)
against animals, agriculture by means of improved labor tools, then cattle breeding,
fishing, and so forth. Unconditionally, all these skills contributed to noticeably im-
proving early people's external lives. However, these advancements had also negative
sides, initially manifesting in hidden controversy and later obvious battles between
people to receive more land for agriculture, more cattle breeding, and so on. In terms
of this site, Carl Marx’s materialistic theory of the emergence of law seems reasonable.
However, since then nothing could create true interaction and interrelation between
people, even contemporary growing digitalization is not a tool sought by humankind.
In spite of the fact, that at first glance it seems something marvelous that everyone
would be able to communicate with people from far distances allowing him or her to
Digital Technologies and Law (
секция
на
английском
языке
)
______________________________________________________________________________________________________________________
224
be in touch. However, historical analysis of past events proves the opposite of this fact
in the long run. In other words, as Tayiib pointed out: many of the hallmarks of sup-
posed social order–from feudalism to modern capitalism–demonstrate the “continuing
savagery” of eras defined by colonialism, warfare, and the exploitation of the weak.
Before considering a digitalization society on earth, we have to examine previ-
ous forms of human society that allow us to view from above to make maximum cor-
rect conclusions. Because there is no distinction between digital society and earlier
forms of societies, except tribal society form. Thus in this brief investigation, we will
try to disclose connections between forms of human societies and reveal the most in-
fluenced factors substitution from one form to another as well as primarily to design
certain predictions where the current development could lead us.
Main part.
1.
Brief Tribal Society inventions, natural human rights, pros and cons.
As
we pointed out human relationships and their interaction as extremely vital skills, we
would once more consider this interaction from a Tribal society where there was no
private property, and where there were no lobbied legal systems or military systems
that could suppress voices. Actually, in connection with the absence of the abovemen-
tioned systems, there was no need to be suppressed. Consequently, exactly human cre-
ativity means the creation of fire management was the starting point of all other dis-
coveries, which had its pluses and minuses.
If its pluses manifest in providing warm in cold weather, preparing relatively
mild foods, and defending from animals its minuses perhaps did not appear immedi-
ately and it took several years and even centuries. It is morally hard to admit it, but
human curiosity contributed to mastering flame management and then other creations
from this point. In other words, human creativity is also one of the inalienable natural
rights like the right to freedom of association or right to freedom of speech to com-
municate with each other. However, whether man intentionally or not creates various
disasters such as bombs, drugs, and unhealthy foods even from my personal view AI is
also. It requires a certain amount of time to recognize its side effects.
In terms of natural rights, it should be noted that almost the emergence of all
human inalienable natural rights is derivable exactly from that period. Humankind was
created no matter what: from apes, from clay, or evolved from microorganisms, thus,
everyone has the right to life. After all, no one had not been decided when, where, in
which family, or in which gender to be born, all of us just be born. It is not an issue of
our choice. Hence, the issue of our coming back is not our decision when it might
happen, but it inevitably will. Therefore, there is the
power;
infinitely great and al-
mighty power decides all these processes. Only He will decide who will live or not.
That is why the right to life is the inalienable natural right of everyone. And no digital-
ization advancements could cease it, in the best way, it might slightly prolong it.
To confront animals early people had to create unity, which was also a natural
right to freedom of association, during this created unity they had to interact with each
other. Thus, gradually evolved communication skills, which are called in legal lan-
guage as the right to freedom of speech. Despite the fact, that human creation not al-
ways might be positive in plenty of instances, however, this is also one of the natural
rights of humans. Because there is no choice or enough wisdom and maturity in hu-
Digital Technologies and Law (
секция
на
английском
языке
)
______________________________________________________________________________________________________________________
225
mans to stay unmoving when he/she surrounded by severe conditions of nature. That is
why;
always constantly moving to reveal as soon as possible secrets of this world is a
natural behavior of humankind. Hence, moving from one place to another to make cre-
ations and discoveries is also a natural necessity for people. Otherwise, the discovery
of America or ocean ways might remain impossible. Therefore, freedom of moving is
also one of the natural rights of people.
Over these periods because of plenty of unknown processes in people’s minds
evolved a view about upper power, which later was the reason for the creation of plen-
ty of beliefs. In society gradually prevailed taoism, animism, fetishism, totemism, and
shamanism. These were also initial elements of belief in human life. Because in case
of human weakness, they tend to prey, to ask from high power to display a way, supply
with strength and knowledge. That is why this phenomenon justifiably might be con-
sidered, as freedom of belief is one of the inalienable rights of people.
There is indeed a physiological need in every person to eat and drink to have
shelter. Therefore, from pre-historic times, we can derive an inference that our ances-
tors commenced to manage, operate, and possess property which might be considered
as initial examples of having property and that property is the natural right of people.
Because having property is the vital thing to survive. And they had it. We have to just
imagine, that all the above-mentioned natural and inalienable rights that humankind
had during tribal society were lost in subsequent forms of societies. Coming right after
the next Tribal society is the Slaveholding society once the title itself reveals the es-
sence of the form of society. Then humankind entered a Feudal society where a signif-
icant part of people remained enslaved. During Bourgeoisie society, many people still
relentlessly worked on plantations and fabrics without any right to rest just with a mi-
nor salary. Even in recent Capitalist societies, endless consumerism, and credit practi-
cally exhausted people, and they had to complete debts before banks to purchase cars,
real estate, and many other techniques. Finally, the digital society that we put forward
in this article also more likely cannot guarantee true freedom to humans. Instead, it
might somehow remind slaveholding society of twisting men from all sides with cam-
eras, logins, passwords, and registrations as well as fake friends and relatives. Howev-
er, all this stuff will be analyzed later on. All of these side effects were created along
with the creation of new and new stuff. Even though our early ancestors were unaware
of all these theoretical and scientific aspects of it. They were free, free of any obliga-
tions, free of seniority, free of stratifications, and from other forms of unfairness. On
the other hand, as we pointed out above, there was no way besides doing something to
survive, they naturally forced their mind to take proper actions to defend themselves,
to find eatable stuff, and to settle in a safe place not only from animals but also from
whims of weather. Naturally, they did not think and could not think about measures of
their creativity. Overall, among men, from ancient times, there has been an attitude of
hate when someone's acquaintance constantly goes to improve intellectually, physical-
ly, or emotionally, those haters externally express and require equality in everything,
even on the level of knowledge or power. However, it is impossible to be equal for
everyone, which means all these processes are inevitable consequences.
For this reason, anyway even during the thriving of Tribal society approximate-
ly 20,000 – 17,000 years ago when all used to live together in a huge community with
Digital Technologies and Law (
секция
на
английском
языке
)
______________________________________________________________________________________________________________________
226
general eating, care, and other duties, leading ones, distributed obligations, com-
menced commanding to others arranging life activity of tribe. This separation of roles
in the tribal community itself gradually also impacted to creation of stratification. De-
pending on managing, persuading, and ruling skills, tribal society is slow, but con-
stantly directed toward deeper stratification into management and controlled classes,
and domesticating fire and by means of this welfare deriving metals just accelerated
social divisions.
In order to discuss public deals those management class members commenced
to form special councils to consider appointing new management persons, to analyze
strategies to hunt animals, and many other daily issues, that might externally resemble
in contemporary world's various advising bodies. However, it was not government yet,
first, because in these consultative bodies participated almost all members of a tribe,
which means ruling members were not externally self-separated from the rest of the
tribe. It is because there was nothing to hide from others. The second reason for the
absence of government yet, it is the absence of commodity currency relationships
among tribe members. However, this life-changing form of society had left a few
times that would ubiquitously begin all of this greed setting process throughout the
world.
Later, about near to 5,000 – 4,000 years BC, once a united society split up into
three gradually more and more distinguishing classes such as ruling, entrepreneurs,
and peasants. Naturally, most members of society related to peasants that employed in
fields to grow wheat, rice, and other newly adopted plants, while significantly fewer
people could be engaged in blacksmithing, fishing, or hunting might be considered en-
trepreneurs. Consequently, not all lands were irrigable, and irrigation was operated by
means of ruling classes starting to find irrigable lands, construct of irrigation systems,
and of course manage them. It was obvious that managers could not necessarily skills
or time to work on land cultivation themselves, thus, they gave it to peasants to work
on the land and share benefits equally or it depends. Thus, it was the starting point of
the civil legal system, which emerge because of practical necessity rather than logical
consequences. From this point of view, the founder of American legal pragmatism,
Doctor Oliver Wendell Holmes’s view is partly true when he argues that law had
emerged not as a consequence of logic, but as a practical necessity to allow people to
communicate productively.
Approximately 4,000-3,000 years ago BC as a result of a growing population
and the emergence of a variety of new professions when people almost entirely trans-
formed into producing society as well as strengthening contests between various tribes
gradually aroused a strong necessity for efficient commodity exchange between pro-
ducers. Because exchanging peasant's wheat for blacksmith's knives seemed dispro-
portionate probably because of scope, amount, and weight. And this was one crucial
element in transferring tribal society into another. This other one would be a great
journey where humankind will be checked on stamina, ingenuity, and moral durability.
Although, for thousands of years tribal society was also checked their stamina, ingenu-
ity, and later moral durability. However, the basic distinction between these two forms
of societies is former would be the exploitation of humans by humans, not by other
species. This sounds ordinary and easy to accept, but there will be many inhumane
Digital Technologies and Law (
секция
на
английском
языке
)
______________________________________________________________________________________________________________________
227
events, that will contribute to humankind’s growth to another materialistic level of
abundance, and at the same time morally and spiritually will fall to the bottom of
greed and egoism.
2.
Statement of law over the periods of Feudal, bourgeoisie, and capitalistic
society.
Lack of environmental knowledge and for this reason severe external condi-
tions forced early people to be creative to survive, therefore they domesticated fire. As
a result of this great discovery, all other things commenced from melting metals
through agriculture, cattle breeding fishing, hunting, and blacksmithing. Afterward, all
these new occupations created added value, which fostered the creation of classes that
possess property and those that do not. Naturally, the former, or to be precise tribal rul-
ing class started to abuse their positions to get more benefits from all those added val-
ues. Thus, by means of power and army mainly tribal leaders got more property and
gradually began so to idolize themselves, which mankind did not even notice trans-
formed society from tribal into slaveholding. And it was the first element of state
emergence. For this reason, Max Weber’s point is near to the truth, when he states, “A
state is an entity which has the monopoly on the legitimate use of violence within its
geographic boundaries”. It should be recognized, that it did not occur instantly over
several years and even did not happen over one generation. It took centuries. Thus, it is
known that the first generally accepted state cities were created in Mesopotamia be-
tween two well-known rivers called Euphrates and Tiger located in modern-day Ku-
wait, Iraq, and Syria. That ancient state called Akkad, later Sumer substituted it. Then
Babylon and many other states emerged due to the abundance of commodity-money
relationships.
Slaveholders' main true duty came from human greediness relentlessly exploit-
ing their fellow tribesmen mainly in fields because their main income was from agri-
culture. Hence, a few people were aware of their rights, state managing staff’s respon-
sibilities, and the value of life itself.
We assume that true slaveholding society lasted around 3,5 thousand years con-
ditionally starting from 4 thousand BC and lasting up to 4-5 centuries AD. After point-
ed out centuries are related to other more severe forms of society, which will be de-
scribed later in this article. Consequently, the law itself and comprehension of law by
the population at that time was idiosyncratic. Law was totally stratified separating the
population into nobles, priests, warriors, and commoners, and their social status was
respectively. Power, all lands, and all welfare used to be considered as a king's or
slaveholder's property. Once more, this stratification was based on property and social
status. Although, the completely human society changed from one into another, how-
ever, means of subsistence remained same focusing on husbandry. There is a view that
to further hold one's position some rulers had spread among people various rumors
like kings were messengers or representatives of God on earth that initially worked
among ignorant settlers. Because humankind is a believer creature himself and in most
cases, a ruling class used this political technology successfully for a long time. How-
ever, we are not eager to state that all religions are fake. Some of them have something
true value and deserve to be checked at least. For instance, Zoroastrianism, Judaism,
Christianity, Buddhism, Hinduism, and Shintoism. These religions survived over the
millennia and therefore deserve life. They survived because most of their pleas were
Digital Technologies and Law (
секция
на
английском
языке
)
______________________________________________________________________________________________________________________
228
proved. For example, Zoroastrianism’s main idea and motto is a noble mind, noble
words, and noble actions, which in the contemporary world leading psychologists con-
firms it. Taking into account this irrefutable fact belief matters is also one of the natu-
ral rights of people. Therefore spending time to terminate it from the human mind is an
unpromising occupation. One clear example is the Soviet Union, which unwaveringly
fought against any form of belief, and today result is known to everyone. Where is this
state known as the Soviet
Union?
Earth, the Sun, the Moon, and all other Lord’s crea-
tures exist, but the Soviet Union does not.
Nevertheless, slaveholding society created outstanding minds during its lifetime
such as Socrates, Plato, Aristotle, Cicero, Democritus, Guy, Ulpian, Herodotus, Lao
Tzu, and many others. Many works of them are nowadays considered as fundamentals
of various sciences, and it is not in vain. Because they lived in the cornerstone period
when humankind everywhere started to think, to reason. That is why had been created
such sciences as philosophy, logic, art and many others. We reckon they are fundamen-
talists because no one stated their theories or hypothesis before. It is due to the fact,
that before the slaveholding society, there was no need to warn someone with the far
prediction of society. In tribal society, people lived with common goals, despite in
slaveholding period, where the nobles aimed to double and protect their wealth, while
slaves cared to earn bread to physically support themselves. In other words, there were
no those levels of relationships, interactions, and communications. At least, these mat-
ters were divided into four types, nobles communicated with each other, and others
with each other, respectively. However, when amounts of commoners (enslaved peas-
ants, semi-slave peasants, and poor blacksmiths) gradually widened and their socio-
economic conditions worsened naturally they started to complain and often engaged in
bloody riots, which forced nobles to think deeply about ways to constrain crowds and
hold own privileged positions in society.
The most prominent legal sources of that time were the Babylonian king
"Hammurabi's legal acts", the "Legal Writings of Manu" in India, and the “Laws of
Twelve Tables" in Rome kingdom. However, the common thing for all of these legal
documents is that they were strictly stratified and, consequently did not consider the
rights of all evenly, which very gradually and unnoticeably sewed a plant of anger in
the souls of the population. This anger would change human society or would level up
to a new form of society. Thus, by 4-5 centuries A.D., slave societies faced a crisis.
Exploiting slave labor turned impossible and inefficient because of a lack of motiva-
tion in slaves' and catastrophically poor people’s lives. Riots and bloodshed became a
common thing in most societies, especially in the West. Out of desperation often,
slaveholders also could not force slaves to labor. In order to raise the desire to be de-
voted to the crown, many slaveholders onset distributed lands and slaves to own offi-
cials, the latter presented some amount of rights to slaves as having insignificant prop-
erty, getting married, and making agreements. It means that there was an insufficient
amount of means of subsistence for slaves, freedom for semi-slaved peasants, and
pieces of power for militaries and priests. As soon as slaveholders shared with welfare,
everything seemed to come to its normal place. That is where the idea comes from:
“One has to be able to share”. As a result of sharing part of his power in the form of
land and slaves, a new layer of the population called feudal lords slowly but consist-
Digital Technologies and Law (
секция
на
английском
языке
)
______________________________________________________________________________________________________________________
229
ently emerged. Feudal society dates between 5 and 15 centuries and lasts around one
millennium, which is around three times shorter than slaveholding society. This no-
ticeable difference between these two forms of human society also ought to be a sub-
ject of reflection, in terms of social, political, and legal aspects.
The emerging new layer also became hereditary because a slaveholder was still
needed in the army to defend his wealth and taxes to increase his abundance. The feu-
dal lords provided this welfare since they also had their own lands and semi-slaves re-
ceived by slaveholders based on loyalty and vassalage. Social relationships have sig-
nificantly grown due to the diversification of layers of society. There were slavehold-
ers in many states, feudal lords, free peasants, semi-free peasants, and slaves. Most of
the former slaves gained free or semi-free status having rights to create a family, hav-
ing their own accommodations, and few amount of salaries. Former semi-slaves en-
joyed free status and were engaged in agriculture agreeing with the feudal to dispro-
portionately share grown products in favor of the feudal. Nevertheless, such status was
better than the previous because due to comparative freedom, free and semi-free peas-
ants mastered newly cultivated areas, which positively influenced to economic growth.
To feudal lords, the cost of enjoying a small amount of power and abundance obliged
them to be loyal before the slaveholder. Despite the emergence of many new profes-
sions, the main means of subsistence still was agriculture, and a huge amount of land
was distributed among hereditary feudal lords. Due to expanding irrigation territories
and to oblige growing free or semi-free populations feudal lords were interested in
launching new invades urging slaveholders to march to war against adjacent territories.
Such empires from history were the Frank Empire, Arabic Caliphate, China Empire,
Mongol Empire, Ottoman Empire, Byzantium and many others. In spite of the grow-
ing population and numbers of newly established states and kingdoms due to growing
appetites and greediness, relationships or interactions were strictly constrained even
though they were, observed among certain relatively close regions. Relationships with
far distances were rare because of a higher level of risk of being grabbed by pirates,
which is more excessive proof of our point. Commodity-money relationships and tax-
paying systems flourished, The Great Silk Road carrying various goods from East to
West by means of camel and horse caravans developed.
However, one vital foundational opening of this era is establishing tertiary edu-
cation facilities in Europe such as Bologna, Oxford, Paris, Montpellier and Cambridge.
Those initial universities were drivers of enlightenment and education, which contrib-
uted to the development of science in the long run. There were famous thinkers such as
Ibn Khaldun, Al Bukhari, Al-Farabi, Avicenna, Thomas Aquinas, Marsilius of Padua,
and Leonardo Da Vinci. Despite some economic development, most peasants still were
forced to labor and contribute agricultural goods to the ruling class.
As a monotheistic religion, Islam was established and widely spread throughout
North Africa, South Asia, and the Middle East. However, the law remained stratified,
because of an abundance of added value, and no one reckoned to create a comparative-
ly fair and equal community. Generally, well-known legal acts of this period were Sal-
ic truth, Magna Carta, Russian truth, Islamic law, 10 concepts of evil, Yasy of Genghis
Khan, and the Code of Timur. This period is also associated with the evolution of the
first Renaissance.
Digital Technologies and Law (
секция
на
английском
языке
)
______________________________________________________________________________________________________________________
230
As a result of the extreme growth of economic relations by means of motivated,
but still dependent on feudal, the agricultural population of most land owners (previ-
ous feudal) economically and socially saturated and dashingly desired more power
than merely economic. The event that occurred in England in 1215 forced the King to
sign the Magna Carta by Lords, which from the political perspective was the initiation
of a new society. In fact, it was the starting point for the emergence of the legislative
power of branches around the world, and later Montesquieu designed the theory of
separation of power, where legislative power was considered for the adoption of laws
for society. However, in essence, members of this div remain former feudal lords.
We can derive from this case at least two inferences: first, uncontrollable economic
growth would lead to the flame of political ambitions. Second, the lack or deficit of
justice in the distribution of welfare might also lead political crisis. Historically, con-
straining the political ambitions of feudal lords turned out almost impossible when
commenced era of great discoveries. Such as discoveries of ocean ways, possession of
new lands overseas, and steamily growing urban lives.
All above-mentioned processes led to the emergence of a new form of society
based on human exploitation but in a different form than the feudal one, and this new
form entered into history as a bourgeoisie society, where cities and former feudal lords
turned to, capital owners and the leading layer of society. The main difference of it was
raising possibilities to produce goods, did not based in land working. Various types of
services were raised such as shipbuilding, transportation of goods, banking services,
and so forth because of the development of education and science. However, previous-
ly used to work in lands commoners slowly converted workers to fabrics, manufac-
tures, and plantations. Slavery essentially reduced but raised hiring labor, many free
but factory owners in mines, heavy production, and the shipbuilding sphere hired poor
people for miserable payment. Exactly during the bourgeoisie society population of the
world according to Reports of Population Matters campaign in the early 1800s reached
1 billion people. In terms of law, we have to point out, that exactly during this form of
society humankind won its right to rest after the severe laboring 18-20 hours a day and
seven days a week. Many exhausted commoners were compelled to raise their voices
against insatiable owners of fabrics and other entities. Because of bloody riots among
the labor population for fair labor conditions in the 19th century introduced Sunday as
a non-working day, and later established an eight-hour workday a week. Aftermath ap-
peared ideas of the Rule of Law, and accountable and open government before society.
However, “power” is a complex social phenomenon that cannot be equated with cate-
gories such as ’law’. That is during this period of history was memorized with massive
rebellions such as The Great English Revolution, The Great French Revolution, the
American Revolution for Independence, the Revolution in Germany in 1848, and The
October Revolution in Russia that were connected with political and power aspects of
those societies.
However, it should be noted that human society has not been developed evenly
in all regions of the world. For example, African nations lagged in the tribal form of
society, while Central Asian countries lived in feudal ones mainly cultivating land.
Alongside lagging in some regions in general, humankind reached a significant
amount of discoveries launching the first railways in Europe, the invention of the au-
Digital Technologies and Law (
секция
на
английском
языке
)
______________________________________________________________________________________________________________________
231
tomobile based on the internal combustion engine, creating the first transnational cor-
poration, developing press and literature, in short, flourished second renaissance in the
world. On the other hand, had started developing colonialism throughout the world.
Once more humankind revealed its greediness and materialistic approaches. First es-
tablished a new notion of “The world order” by contracting "Peace of Westphalia" in
1648, according to this onset created the notion of “state sovereignty”, where every
state was committed to obeying existing territories. The second world order was
agreed after Napoleon's War “Congress of Vienna” 1814.
Thus, such development of events contributed to raising anti-bourgeoisie cam-
paigns based on the views of Carl Marx and Friedrich Engels’s. According to many
historical and economic scientists’ views, the developed period of bourgeoisie society
is a capitalistic one, because the former was just the initial stage of capitalism in the
world. Thus, the 20th-21st century might be evaluated as a capitalistic form of society,
where hundreds of thousands of in the history feudal lords, then later bourgeois, and
from the 20th-century capitalists had received their own shares in various businesses
and had established relatively stable conditions of development after decades of battles
metaphorically saying for tasty piece of cake or place for under the Sun. By means of
legal acts, many countries declared the sacredness of private property, which was the
core of capitalistic relations. In fact, previous colonialism had attained new shade, and
the population of most poor countries was directed to developed and fast-developing
countries for wages. As a result, forcing labor or human trade occasions have been
flourished, which were new forms of slavery. The first worry, to be clear, is not that
immigration does not contribute to overall economic growth, but that it does so at the
expense of the less advantaged members of society, and thus at the expense of equali-
ty. Currently, hundreds of thousands of people in the world left their own countries
either because of economic crisis or political instability. For example, Afghanistan,
Somalia, South Sudan, Venezuela, Mexico, Iraq, Syria, Ukraine, Philippines, Bangla-
desh and many others. Humankind could not find really peace, prosperity, and unity
since the Tribal Society Era. Though, contemporary statehoods’ sacred duty is to pro-
vide legal interest of its citizens. However, at the same time except for developed
countries most of Third world governments are physically incapable of providing
rights such as jobs and social security for their citizens. People do have such rights –
they are featured prominently in the International Bill of Rights – but they are unable
to enjoy them, even given the best efforts of their governments. At this point we agree
with Hanna Szymborska and Jan Toporovski’s views that growing inequality of wealth
tends to more rigid social stratification, or industrial feudalism, preventing the social
mobility that is held to be the great advantage of free market capitalism.
3. Digital society legal science future.
Because of the improvement in human rights value and incredible socio-
economic amelioration, the population of the world started to seek individual priorities
in every aspect of life in most developed countries observed a fast reduction of people,
youngsters preferred to live alone without family relations. Consequently, such ap-
proaches contributed to the further development of information technologies (IT) and
artificial intelligence, which did not need a human workforce. Real communication
between people declined in spite of the creation of many amenities.
Digital Technologies and Law (
секция
на
английском
языке
)
______________________________________________________________________________________________________________________
232
Given the rocketing of digitalization around the world we can confidently argue
that from the outset of the 21st century, humanity entered into a new form of society
called digital society. And observing all ongoing event we can just do some predictions
for the future with the sincere hope that our foreseeing will not be correct.
Conclusions
To sum up this brief analysis we can infer that contractions of scope and length
of human society forms is also should be a matter of our attention to making necessary
conclusions. Thus, if Tribal society and other early forms of societies lasted approxi-
mately several million years since human evolution, then Slaveholding society lasted
about 3.5 millennia. The following form is the Feudal form lived for nearly
1.1 millennia, Bourgeoisie society lasted just 4.5 centuries, which is more than two
times less. As for the Capitalistic form of human society where the majority of the
population is living dates about 1.5 centuries for developed countries, of course. Be-
cause there are many nations and areas that still live in feudal or even in a tribal form
of life. To be precise, most industrially developed countries that have a significant im-
pact on the entire world have already entered into a Digital society, which along with
some advantages inevitably has many cons. Soon, as a result of the deep development
of digitalization matters, almost the whole population of the world will value and fol-
low global culture instead of national ones, having personal priorities of well-being. In
turnover of social relations will deal with a crypto-currency creating a global economy
and global government, in turn. AI will reach so a high level, that humans will totally
depend on it, and gradually will be considered spare parts of AI. At first glance, it
seems something positive enhancing human interaction and
interrelation;
however, by
means of the digital era, there will be a compact group of people who will manage it.
Therefore, it will not provide true interaction with human freedom.
It will be established a common rule for the entire humanity, which might be
named the “World principle of living” which according to it will be regulated every
aspect of life on The Earth.
Gradually some languages such as English, Chinese, German, French, and per-
haps Hebrew will be in a significant role in every aspect of life, while other languages
remain on the periphery.
Most likely state borders will exist formally losing the current subject of legal
and military essence, where everyone will pass freely for jobs and accommodation.
Most legal agreements will be concluded via devices without lawyers, which
databases constructed according to the global government's rules. Consequently, in
case of contradictions to the before-mentioned rules, those devices will not accept pri-
vate legal agreements. It means public law will surpass private law and many individ-
uals will be under constant trace losing their own privacy. And this might mean a new
form of slavery again.
There will not be any World wars between different sides but the constant con-
tinued pursuit of dissent, who do not share and agree with the world order.
Transnational corporations will have their own staff, properties, and lands in
any country managing and their legal status of them differs from national (local) gov-
ernments.
Digital Technologies and Law (
секция
на
английском
языке
)
______________________________________________________________________________________________________________________
233
The amount of population will catastrophically decrease due to human’s egois-
tic lifestyle and substituted artificial intelligence machines.
A conclusion and prediction should be supposed, that gradually AI, which final-
ly will lead disappearance of Homo sapiens as a living species, would replace humans.
It is the best optimistic forecasting along with other ones for nowadays generation.
The best solution to this issue might be only one: ceasing further amelioration
of AI, however, it is impossible due to human greediness and cowardice.
References
1.
Borcan O., Olsson O., & Putterman L. State history and economic develop-
ment: Evidence from six millenia // Journal of Economic Growth. 2018.
№
23(1).
https://doi.org/10.1007/s11127-024-01186-w
2.
Catherine Pierce Wells. Oliver Wendell Holmes A Willing Servant to an
Unknown God. Boston College, Cambridge University Press. 2020. P. 157.
3.
Hanna Szymborska, Jan Toporovski. (2022) Why the distribution of wealth
matters: Industrial feudalism and social democracy. PSL Quarterly Review. Vol. 75,
№
https://doi.org/10.13133/2037-3643/17886
4.
Donelly J. Human Rights as Natural Rights // Human Rights Quarterly. –
1982. – Summer. – Vol. 4. –
№3.
–
Р
p. 394–395.
5.
Webber, J. A Democracy-Friendly Theory of the Rule of Law. Published
Online // Hague Journal of Rule of Law, Springer. – 2024. P. 4. –
https://doi.org/10.1007/s40803-024-00240-5
6.
Joranger L. The Evolution and Integration of Life and Theory in Foucault’s
Work on Power. Published Online. Springer. Integrative Psychological and Behavioral
https://doi.org/10.1007/s12124-024-09862-8
7.
Gadomski M. Borders, Movement, and Global Egalitarianism // Res Publica
Springer Link. Published Online 2024. – P. 5.
https://doi.org/10.1007/s11158-024-
8.
Tayyib. The Ideal State: A Model Based on Analysis of Savagery, Feudal-
ism, Capitalism and Beyond. – ProQuest, 2024. ISBN: 9781735459141.
9.
Harari Y. N. Sapiens A Brief History of Humankind. – London: Vintage
Books , 2011. – 506 p.
10.
de Grass Tyson N. Ends of the World. Natural History Magazine. – URL:
https://neildegrassetyson.com/essays/1996-06-ends-of-the-world/
дата
обращения
:
01.09.2024).
11.
https://populationmatters.org/the-facts/
дата
об-
ращения
: 01.09.2024).
