1. Evolution of Complex Systems Lecture 8: Politics and law Peter Andras / Bruce Charlton peter.andras@ncl.ac.ukbruce.charlton@ncl.ac.uk

2. Objectives Society Society Information subsystem: political system Information subsystem: political system Politics Politics Information subsystem of politics: the legal system Information subsystem of politics: the legal system The legal system The legal system Adaptation in the political and legal systems Adaptation in the political and legal systems

3. Human communications Specialized behavioural patterns: human language Specialized behavioural patterns: human language Specialized brain subsystems: language understanding and production Specialized brain subsystems: language understanding and production Human languages Human languages

4. Society Many organisms act as communication units Many organisms act as communication units Society = system of communications between organisms Society = system of communications between organisms Human society = system of human communications Human society = system of human communications Human languages define human societies Human languages define human societies

5. Politics – early times Tribes: everybody participates in the decision making Tribes: everybody participates in the decision making E.g., what to do (hunt, move, etc.), how to interpret the environment (flooding, attack by animals, etc.) E.g., what to do (hunt, move, etc.), how to interpret the environment (flooding, attack by animals, etc.) Tribe leaders lead the decision making process Tribe leaders lead the decision making process

6. Politics – advanced tribes E.g., large migratory tribes (huns, gepides, etc.) E.g., large migratory tribes (huns, gepides, etc.) Fighters (action), priests/shamans (perception) specialize in decision making Fighters (action), priests/shamans (perception) specialize in decision making

7. Politics – early states Egypt, Greek city states, etc. Egypt, Greek city states, etc. Fighters, priests, administrators Fighters, priests, administrators Administration: system of rules about decision making (e.g., selection of the ruler) Administration: system of rules about decision making (e.g., selection of the ruler)

8. Politics – early large states E.g., Rome, China E.g., Rome, China Large and stable Large and stable Elaborated rules of politics Elaborated rules of politics Large administration Large administration

9. Politics – large integrated states E.g., England – 17 th -18 th century, Germany – 19 th century, France – 17 th -18 th century E.g., England – 17 th -18 th century, Germany – 19 th century, France – 17 th -18 th century Complicated system of political decision making Complicated system of political decision making Institutionalized and uniform legal system Institutionalized and uniform legal system Parliament, parties, public administration Parliament, parties, public administration

10. Politics – democratic states E.g., US, north-west Europe E.g., US, north-west Europe Parties, elections, rule of law Parties, elections, rule of law Constitution, professional large public administration Constitution, professional large public administration

11. Politics – 1 Description of the system of human communications Description of the system of human communications Description of how to manage memories of human communications Description of how to manage memories of human communications E.g., describes how to interpret environmental events, how to act, how to allocate resources (communications) within the society E.g., describes how to interpret environmental events, how to act, how to allocate resources (communications) within the society

12. Politics – 2 Actions: what to do, how to distribute human resources Actions: what to do, how to distribute human resources E.g., where to build what E.g., where to build what

13. Politics – 3 Perception: collecting information about what is happening in the society / environment Perception: collecting information about what is happening in the society / environment E.g., collecting and interpreting information about the natural resources E.g., collecting and interpreting information about the natural resources

14. Political power Power: decide on actions and perceptions Power: decide on actions and perceptions Power: ability to determine what should be referenced in the context of communications about resources Power: ability to determine what should be referenced in the context of communications about resources Power: the logic of selection of methods to manage memories of a human society Power: the logic of selection of methods to manage memories of a human society

15. Communications in politics – 1 Politician talk: subset of society Politician talk: subset of society Everybody participates Everybody participates E.g., voting in elections, participation in political organizations, meetings, etc. E.g., voting in elections, participation in political organizations, meetings, etc.

16. Communications in politics – 2 Specialist language: sharper communication rules Specialist language: sharper communication rules The sentences should be relevant from the point of view of power: who does what – action & perception / interpretation The sentences should be relevant from the point of view of power: who does what – action & perception / interpretation

17. Referencing in politics Political communications reference mostly to other political communications Political communications reference mostly to other political communications E.g., the voting communications refences earlier political communications by party representatives E.g., the voting communications refences earlier political communications by party representatives

18. The logic of power Communications in politics follow the logic of power Communications in politics follow the logic of power Does the communication lead to more power, preservation of power, avoiding the reduction of power – in expectation Does the communication lead to more power, preservation of power, avoiding the reduction of power – in expectation Political communications – communications that can be understood in the context of logic of power Political communications – communications that can be understood in the context of logic of power

19. Political system All social communications organized around the logic of power All social communications organized around the logic of power Communications that follow the referencing rules of politics, referencing rules are determined by the logic of power Communications that follow the referencing rules of politics, referencing rules are determined by the logic of power Communications about the society and power: information subsystem of the society Communications about the society and power: information subsystem of the society Logic of power – definition of the identity of the political system Logic of power – definition of the identity of the political system

20. The boundary of politics Dense communications / referencing within politics / rare referencing to non- political communications Dense communications / referencing within politics / rare referencing to non- political communications The boundary is determined by the logic of power, communications are part of politics if they follow the logic of power The boundary is determined by the logic of power, communications are part of politics if they follow the logic of power

21. Actions of politics Political communication patterns that act upon the environment / society Political communication patterns that act upon the environment / society E.g., set of political communications leading to the building of a highway E.g., set of political communications leading to the building of a highway

22. Perceptions of politics Changes in the political communications with respect to expectations Changes in the political communications with respect to expectations E.g., local power talk leads to changing voting behaviour in an MP E.g., local power talk leads to changing voting behaviour in an MP

23. Meaningful communications References other political communications References other political communications Provides reference for further political communications Provides reference for further political communications Follows the rules of political communications – fits the identity of the political system Follows the rules of political communications – fits the identity of the political system

24. Meaningless communications Communications that do not lead to continuations – faults Communications that do not lead to continuations – faults E.g., anarchist communications E.g., anarchist communications

25. Revolutions Communications about power but do not follow the established continuation rules of the actual political system – error Communications about power but do not follow the established continuation rules of the actual political system – error E.g., revolutionary politics in 1917 E.g., revolutionary politics in 1917

26. Extension and reproduction Political communications are generated to maintain/reproduce and expand the political system Political communications are generated to maintain/reproduce and expand the political system The system boundaries are within the society The system boundaries are within the society Overgrowing is bad Overgrowing is bad The political system should fit the society that is described by it The political system should fit the society that is described by it

27. Over expansion of politics Ignoring the general communication rules of the society Ignoring the general communication rules of the society Domination of the society Domination of the society E.g., communism, everything becomes a political issue E.g., communism, everything becomes a political issue

28. Individuals and politics Everybody performs as communication unit for the political system Everybody performs as communication unit for the political system The political communications of communications units may differ significantly (e.g., cast or class system) The political communications of communications units may differ significantly (e.g., cast or class system) There are some units which produce large amount of communications that are part of the political system  politicians There are some units which produce large amount of communications that are part of the political system  politicians

29. The state The organizational context of the political system – structural constraints on political communications The organizational context of the political system – structural constraints on political communications Makes politics more structured – sharpened continuation rules Makes politics more structured – sharpened continuation rules Societies with elaborate states are likely to be more complex Societies with elaborate states are likely to be more complex

30. Professional politics Communication units specializing in political communications Communication units specializing in political communications They follow the fine details of the political communication rules They follow the fine details of the political communication rules They generate the largest part of the political system They generate the largest part of the political system E.g., parties, Parliament E.g., parties, Parliament

31. Political institutions Institutions: systematic rule sets that channel political communications and provide meaning for them by making them reference the rules of the institution Institutions: systematic rule sets that channel political communications and provide meaning for them by making them reference the rules of the institution Institution – coherent set of structure constraints Institution – coherent set of structure constraints E.g., speech in the Parliament vs. speech at home E.g., speech in the Parliament vs. speech at home Political institutions compose the state Political institutions compose the state

32. Subsystems of politics Specialist political communications Specialist political communications They may form by the establishment of corresponding political institutions They may form by the establishment of corresponding political institutions The same institutional framework may lead to the formation of several subsystems The same institutional framework may lead to the formation of several subsystems E.g., parties, Parliament, elections E.g., parties, Parliament, elections

33. Parties Specialized political communications about power in some particular power paradigm (i.e., particular set of communication rules) Specialized political communications about power in some particular power paradigm (i.e., particular set of communication rules) E.g., socialist, liberal, conservative E.g., socialist, liberal, conservative Parties develop together with ideologies Parties develop together with ideologies

34. Elections An institutional context for low level political communications; add content to simple communication acts (i.e., voting) An institutional context for low level political communications; add content to simple communication acts (i.e., voting) It is about choosing the best fitting identity of the society It is about choosing the best fitting identity of the society

35. Parliament Institutional framework for high level political communications Institutional framework for high level political communications Parties are represented according to election results Parties are represented according to election results The dominant party or coalition represents the currently valid interpretation of the society model by making legislation about the society and power distribution within the society The dominant party or coalition represents the currently valid interpretation of the society model by making legislation about the society and power distribution within the society

36. Identity violations – Political system Fault: communication that is aimed to be political communication but does not fit the logic of politics – e.g. a political speech about the right of penguins to wear guns Fault: communication that is aimed to be political communication but does not fit the logic of politics – e.g. a political speech about the right of penguins to wear guns Error: lack of continuation of political communications – e.g. lack of public participation in elections Error: lack of continuation of political communications – e.g. lack of public participation in elections Failure: massive shrinking of the political system – e.g. revolution Failure: massive shrinking of the political system – e.g. revolution

37. Adaptation – Political system Would-be politicians with senseless speeches are marginalized within the party Would-be politicians with senseless speeches are marginalized within the party The party changes its policies to gain more public support and more votes at elections The party changes its policies to gain more public support and more votes at elections The parliament changes the legislation to fit changed interests of the society The parliament changes the legislation to fit changed interests of the society The revolution leads to a new political system The revolution leads to a new political system

38. Laws Rules regulating the distribution of power Rules regulating the distribution of power Reference actions and perceptions of the political system Reference actions and perceptions of the political system Laws are made in the Parliament Laws are made in the Parliament E.g., laws regulating elections, highway constructions, penal procedures, etc. E.g., laws regulating elections, highway constructions, penal procedures, etc.

39. Regulations Rules of power distribution in various organizations (e.g., schools, companies) Rules of power distribution in various organizations (e.g., schools, companies) Refer to actions and perceptions of the power system of the organization Refer to actions and perceptions of the power system of the organization Constraints on political communications Constraints on political communications

40. Legal communications Communications about the rules of power distribution Communications about the rules of power distribution They are descriptions of the political system They are descriptions of the political system Describe how the power distribution / the political system works Describe how the power distribution / the political system works

41. Examples Rights of participation in politics Rights of participation in politics Criminal justice Criminal justice Disputes between neighbours Disputes between neighbours

42. Legal communications - types Making the laws Making the laws Interpreting the laws Interpreting the laws Applying the laws Applying the laws Complementing and modifying the laws Complementing and modifying the laws

43. Legal communications - memories Legal communications describe how the political communications are organised – represent a memory of these communications and facilitate the reproduction of these communications Legal communications describe how the political communications are organised – represent a memory of these communications and facilitate the reproduction of these communications Legal communications (laws, regulations) are memory communications of the political system Legal communications (laws, regulations) are memory communications of the political system

44. The legal system Laws and communications about and referencing other laws Laws and communications about and referencing other laws Legal system = the information subsystem of the political system Legal system = the information subsystem of the political system Legal logic: legal or illegal – identity of the legal system Legal logic: legal or illegal – identity of the legal system

45. Legal system - language System language defined by the applicability of the legal logic System language defined by the applicability of the legal logic A communication is part of the legal system if it can be assessed / referenced in legal / illegal terms A communication is part of the legal system if it can be assessed / referenced in legal / illegal terms

46. The boundary Dense communications / references to other legal communications Dense communications / references to other legal communications Rare references to other communications Rare references to other communications E.g., lawyers, judges discussing the application and interpretation of the law E.g., lawyers, judges discussing the application and interpretation of the law

47. Actions Legal communications that lead to changes of the model of power distribution; e.g., application of the law that solves a previously unresolved issue, new legislation Legal communications that lead to changes of the model of power distribution; e.g., application of the law that solves a previously unresolved issue, new legislation They should fit the logic of legal / illegal in the context of the existing legal system, refer to other communications (e.g., laws) and provide basis for new communications They should fit the logic of legal / illegal in the context of the existing legal system, refer to other communications (e.g., laws) and provide basis for new communications

48. Perceptions Changes in the political system / power distribution system lead to changes in legal communications Changes in the political system / power distribution system lead to changes in legal communications These changes may trigger modified actions of the legal system These changes may trigger modified actions of the legal system E.g., extension of voting rights E.g., extension of voting rights

49. Meaningful Communications that fit the legal system and contribute to further extension of it – fit the identity (logic) of the legal system Communications that fit the legal system and contribute to further extension of it – fit the identity (logic) of the legal system E.g., good application of laws, rule of law E.g., good application of laws, rule of law

50. Meaningless Communications that do not fit the rules of the legal system Communications that do not fit the rules of the legal system E.g., revolutionary legislation (confiscation of property), corrupt judicial process E.g., revolutionary legislation (confiscation of property), corrupt judicial process Faulty communications, errors Faulty communications, errors Lead to the destruction of the legal system Lead to the destruction of the legal system

51. Individuals and the legal system Everybody participates by having legal communications Everybody participates by having legal communications E.g., buying a house E.g., buying a house There are specialist communication units which do legal communications professionally, e.g., lawyers, judges There are specialist communication units which do legal communications professionally, e.g., lawyers, judges

52. Constitutional law The state is the institutional framework of politics (information subsystem of the society) The state is the institutional framework of politics (information subsystem of the society) The state is described by the constitution The state is described by the constitution Constitutional law is the information subsystem of the legal system: describes how law making / changing happens Constitutional law is the information subsystem of the legal system: describes how law making / changing happens

53. Identity violation – Legal system Fault: wrong application of the laws – e.g. the judge decides that the money laundering CEO did not commit any crime Fault: wrong application of the laws – e.g. the judge decides that the money laundering CEO did not commit any crime Error: lack of continuation of legally correct communications – e.g. fines are issued but not paid, and no consequence follows Error: lack of continuation of legally correct communications – e.g. fines are issued but not paid, and no consequence follows Failure: revolution stops the application of laws Failure: revolution stops the application of laws

54. Adaptation – Legal system Incorrect judicial decision is corrected after appeal Incorrect judicial decision is corrected after appeal Legislation leading to ineffective fines is changed to eliminate the issuing of such fines Legislation leading to ineffective fines is changed to eliminate the issuing of such fines New laws are introduced to deal with emerging important cases New laws are introduced to deal with emerging important cases New legislation is adopted after revolution New legislation is adopted after revolution

55. Summary – 1 Political communications Political communications Logic of power – identity of the political system Logic of power – identity of the political system Political system: information subsystem of the society Political system: information subsystem of the society Political institutions Political institutions Problems related to politics – adaptation Problems related to politics – adaptation

56. Summary – 2 Laws – Parliament Laws – Parliament Legal communications Legal communications Legal system: information subsystem of the political system Legal system: information subsystem of the political system Constitution Constitution Identity violation and adaptation in the legal system Identity violation and adaptation in the legal system

57. Q&A – 1 1. Is it true that everybody participates in the political system ? 2. Is it true that the collection of census data is an action of the political system ? 3. Is it true that a new higher education policy is an action of the political system ? 4. Is it true that elections are meaningless in a democratic political system ? What about in a one-party system ?

58. Q&A – 2 5. Is it true that parties are professional institutions in the political system ? 6. Is it true that political institutions add implicit meaning to communications by sharpening the continuation distributions ? 7. Is it true that judges create actions of the legal system ? Do they create also perceptions of it ?