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Developing the Ius Digitus
Developing the Ius Digitus
Oct 8, 2024 9:24 PM

The ius gentium, or law of nations, has an important place in legal history. Variously conceived, the law of nations often referred to the code of conduct for dealing with foreign peoples according to their own local, national, or regional standards. As a form of natural law, the ius gentium has often been appealed to as a basis for determining what has been believed everywhere, always, by everyone. It’s an approach used, for instance, with some qualification by C.S. Lewis in the appendix to his book, The Abolition of Man, “Illustrations of the Tao.”

It’s a bit tongue-in-cheek (it includes input from Brad Pitt on the question “Can I Answer My Cell at a Movie if It Seems Urgent?”) and risqué (to be generous), but the editors at Wired magazine have developed a set of rules for digital behavior, in conjunction with a group of social scientists who determine descriptively what the proper etiquette for life in the 21st century. In “How to Behave: New Rules for Highly Evolved Humans,” the feature takes a “scientific approach” in determining the “new rules.”

As NPR’s All Things Considered reports, Wired editors faced the problem of determining normativity. “There was a lot of subjective opinion on how to behave,” Wired editor Nancy Miller says. “We sort of decided that the best way to go about this was the Wired way, which is try to find a scientific approach … to explain why and how we behave like we do, and what makes sense in this new era of technology.”

What we have in this Wired magazine article is something like an attempt to articulate the ius digitus, the law of the digital world as gleaned from its own sources. Potentially, at least, such a method might prove helpful, if prehensive. Awhile back I sketched out a framework for ethical digital discourse, and interacting with the established or not-so-established norms of digital behavior seems to be an important line of development.

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