Law Making in History through the Networked DIKWP Model and Four Spaces Framework

Yucong Duan

International Standardization Committee of Networked DIKWP for Artificial Intelligence Evaluation(DIKWP-SC)

World Artificial Consciousness CIC(WAC)

World Conference on Artificial Consciousness(WCAC)

(Email: duanyucong@hotmail.com)

Table of Contents

1. Introduction

• 1.1. Overview of the Networked DIKWP Model

• 1.2. The Four Spaces Framework

• 1.3. Objective and Scope of the Analysis

2. Historical Development of Law Making

• 2.5.1. International Law

• 2.5.2. Human Rights Law

• 2.5.3. Legislative Processes in Democracies

• 2.4.1. Natural Law Theories

• 2.4.2. Social Contract Theory

• 2.4.3. Napoleonic Code

• 2.3.1. Feudal Law

• 2.3.2. Common Law

• 2.3.3. Canon Law

• 2.2.1. Development of Roman Legal System

• 2.2.2. Corpus Juris Civilis

• 2.1.1. Code of Hammurabi

• 2.1.2. The Twelve Tables

• 2.1. Ancient Legal Codes

• 2.2. Roman Law

• 2.3. Medieval Law

• 2.4. Enlightenment and Modern Legal Systems

• 2.5. Contemporary Law Making

3. Applying the Networked DIKWP Model to Law Making

• 3.2.1. Ancient Legal Codes

• 3.2.2. Roman Law

• 3.2.3. Medieval Law

• 3.2.4. Enlightenment and Modern Legal Systems

• 3.2.5. Contemporary Law Making

• 3.1. Understanding the DIKWP Transformations

• 3.2. Transformation Modes in Legal Evolution

4. Integration with the Four Spaces Framework

• 4.1. Conceptual Space (ConC)

• 4.2. Cognitive Space (ConN)

• 4.3. Semantic Space (SemA)

• 4.4. Conscious Space

5. Comparison Tables

• 5.1. DIKWP Transformations in Legal History

• 5.2. Four Spaces Mapping

• 5.3. Subjective-Objective Transformation Patterns

6. Discussion and Insights

• 6.1. Evolution of Legal Concepts

• 6.2. Philosophical Influence on Law Making

• 6.3. Cognitive Development in Legal Systems

• 6.4. Semantic Precision and Legal Language

• 6.5. Ethical Considerations and Conscious Space

• 6.6. Technological Impact on Law Making

• 6.7. Globalization and International Law

7. Conclusion

8. References

The Data-Information-Knowledge-Wisdom-Purpose (DIKWP) model is a comprehensive framework that describes the transformation and interaction of cognitive elements. Unlike hierarchical models, the networked DIKWP model, as proposed by Professor Yucong Duan, emphasizes that each component can interact and transform into any other component, including itself, resulting in 25 possible transformation modes (5 components × 5 components).

Components of the DIKWP Model:

• Data (D): Raw, unprocessed facts, events, or observations.

• Information (I): Processed data that reveals patterns, relationships, or context.

• Knowledge (K): Organized information that provides understanding, principles, or theories.

• Wisdom (W): Deep insights that integrate knowledge with ethical and contextual understanding, guiding judgment and decision-making.

• Purpose (P): The driving intent, goals, or objectives that influence actions and cognitive processes.

Networked Transformations:

Each component can transform into any other, including itself, forming a complex network of interactions:

This model allows for a detailed analysis of how different elements influence one another in the context of law making throughout history.

The Four Spaces Framework provides a multidimensional perspective to analyze cognitive and communicative processes:

• Conceptual Space (ConC): The realm of ideas, theories, and abstract constructs. It involves the development and structuring of legal concepts and frameworks.

• Cognitive Space (ConN): The domain of mental processes, including reasoning, interpretation, and problem-solving. It encompasses the cognitive activities of lawmakers, judges, and legal scholars.

• Semantic Space (SemA): The network of meanings, interpretations, and associations between legal terms, symbols, and language.

• Conscious Space: The layer that involves awareness, ethics, morality, and societal values. It reflects the ethical considerations and moral judgments in law making.

The objective of this analysis is to:

• Apply the networked DIKWP model to the historical development of law making, illustrating how different components interact and transform into each other.

• Integrate the Four Spaces framework to provide a multidimensional understanding of legal evolution.

• Provide detailed explanations and examples for each historical period, demonstrating the application of the models.

• Present comparison tables to facilitate understanding of complex concepts.

• Discuss insights and implications of the analysis, including philosophical influences, cognitive developments, and ethical considerations.

• Offer a comprehensive reference for further study and exploration of the subject.

Background:

• Originated in ancient Babylon under King Hammurabi.

• One of the oldest deciphered writings of significant length in the world.

• Consisted of 282 laws inscribed on a stone stele.

Characteristics:

• Emphasized retributive justice ("an eye for an eye").

• Covered topics such as trade, property rights, family law, and criminal justice.

• Established rules for procedural justice, including evidence and testimony.

Background:

• The earliest attempt to create a code of law for the Roman Republic.

• Created in response to demands from the plebeians for transparency in laws.

Characteristics:

• Comprised of twelve sections covering various aspects of daily life.

• Included laws on civil procedure, debt, paternal authority, property, inheritance, and more.

• Displayed publicly to ensure accessibility and prevent arbitrary enforcement.

Background:

• Evolved over centuries, incorporating statutes, edicts, and jurisprudence.

• Law was seen as a science (jurisprudence), with legal experts (jurists) playing a significant role.

Characteristics:

• Recognized concepts such as contracts, torts, property rights, and personal status.

• Emphasized fairness (aequitas) and the common good (utilitas publica).

• Influenced by Stoic philosophy, promoting natural law principles.

Background:

• Commissioned by Emperor Justinian I in the Eastern Roman Empire (Byzantium).

• Aimed to consolidate and codify centuries of Roman legal thought.

Components:

• Codex Justinianus: Collection of imperial constitutions.

• Digesta or Pandectae: Compilation of writings from prominent Roman jurists.

• Institutiones: Legal textbook for students.

• Novellae Constitutiones Post Codicem: New laws enacted after the initial compilation.

Significance:

• Formed the foundation of civil law traditions in many European countries.

• Influenced modern legal systems by providing structured legal concepts and principles.

Background:

• Emerged in Europe after the fall of the Western Roman Empire.

• Based on land ownership and the hierarchical relationships between lords and vassals.

Characteristics:

• Obligations and duties were defined by personal relationships and land tenure.

• Customary laws varied by region and were often unwritten.

Background:

• Developed in England after the Norman Conquest (1066 CE).

• Derived from judicial decisions and customs rather than codified statutes.

Characteristics:

• Relied on the doctrine of stare decisis (to stand by things decided), establishing precedents.

• Judges played a central role in interpreting and applying the law.

• Evolved through case law, adapting to new circumstances over time.

Background:

• The legal system of the Roman Catholic Church.

• Governed ecclesiastical matters, including doctrine, clerical discipline, and marriage.

Characteristics:

• Influenced secular law, especially in areas like marriage and inheritance.

• Compiled in collections such as the Decretum Gratiani (12th century).

Philosophical Foundations:

• Rooted in the belief that certain rights and moral values are inherent in human nature.

• Advocated by philosophers like John Locke, Thomas Hobbes, and Hugo Grotius.

Impact on Law Making:

• Emphasized individual rights, liberty, and property.

• Influenced the development of constitutional governments and legal protections.

Concept:

• Proposed that governments derive their authority from an implicit contract with the people.

• Associated with philosophers like Jean-Jacques Rousseau and John Locke.

Implications for Law Making:

• Laws are legitimate if they reflect the general will of the people.

• Introduced ideas of democracy, civic responsibility, and popular sovereignty.

Background:

• Established under Napoleon Bonaparte to unify French law.

• Replaced a patchwork of feudal laws and customs.

Characteristics:

• Emphasized clarity, accessibility, and secularism.

• Codified civil law, covering property, family relations, contracts, and obligations.

• Influenced legal systems in Europe, Latin America, and beyond.

Development:

• Emerged from treaties, customs, and principles recognized by nations.

• Addresses issues such as diplomacy, trade, human rights, and conflict resolution.

Institutions:

• United Nations (UN): Facilitates cooperation and establishes international norms.

• International Court of Justice (ICJ): Judicial organ of the UN for resolving disputes.

Key Milestones:

• Universal Declaration of Human Rights (UDHR, 1948): Adopted by the UN General Assembly, outlining fundamental rights and freedoms.

• International Covenants: Expanded on the UDHR, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

Impact:

• Established a global framework for protecting human dignity.

• Influenced national constitutions and legislation.

Characteristics:

• Laws are enacted by elected representatives in parliaments or congresses.

• Separation of powers between legislative, executive, and judicial branches.

• Public participation and transparency are emphasized.

Regulatory Law:

• Government agencies create regulations to implement and enforce statutes.

• Addresses complex areas like environmental protection, finance, and public health.

In the context of law making, the DIKWP components and transformations can be understood as:

• Data (D): Social behaviors, events, conflicts, customs, and empirical observations.

• Information (I): Organized data revealing patterns, such as crime rates or social trends.

• Knowledge (K): Legal principles, doctrines, jurisprudence, and codified laws.

• Wisdom (W): Ethical insights, philosophical understandings of justice, and moral reasoning.

• Purpose (P): The goals or objectives behind creating laws, such as maintaining order, protecting rights, or promoting welfare.

Transformation Modes:

• D→I: Analyzing raw data to identify social issues requiring legal intervention.

• I→K: Developing legal knowledge by formulating laws based on analyzed information.

• K→D: Applying legal knowledge to produce legal documents, statutes, and codes.

• W→P: Ethical wisdom guiding the purposes behind law making.

• P→K: Purpose influencing the development of legal knowledge and principles.

Transformation Modes:

• D→I: Observations of social conflicts, disputes, and behaviors are organized into patterns. For example, frequent thefts or property disputes necessitate structured responses.

• I→K: Identified patterns lead to the formulation of legal rules and norms. The Code of Hammurabi organizes information into specific laws addressing various offenses.

• K→D: Legal knowledge is codified into tangible laws (data), such as inscriptions on steles or tablets.

• P→K: The purpose of establishing order and justice informs the creation of legal knowledge. The king's intent to unify and control society drives the development of the code.

• D→P: Social data influence the purpose behind law making. Rising conflicts prompt leaders to seek solutions.

Examples:

• Code of Hammurabi: Specific laws address theft, assault, and contract disputes, reflecting societal issues (D) transformed into legal information (I) and codified knowledge (K).

Transformation Modes:

• K→D: Established legal principles are transformed into statutes and legal texts. The Corpus Juris Civilis compiles legal knowledge into accessible documents.

• D→K: Judicial decisions and case law (data) contribute to the evolution of legal knowledge. Precedents set in court cases inform future legal interpretations.

• P→K: The purpose of unifying the empire and ensuring consistent legal application shapes the development of legal knowledge.

• W→P: Philosophical wisdom, such as Stoic principles of natural law, influences the purpose behind law making.

• K→W: Accumulated legal knowledge leads to deeper understanding and wisdom about justice and governance.

Examples:

• Corpus Juris Civilis: Codification of laws facilitates uniformity and clarity, reflecting the transformation of legal knowledge (K) into legal data (D).

Transformation Modes:

• D→I: Customs, traditions, and local practices (data) are observed and organized into informal legal information.

• I→K: Judges and legal scholars interpret customs to develop common law principles (knowledge).

• K→W: Continuous application and interpretation of laws contribute to a deeper wisdom about justice and equity.

• W→K: Ethical and religious wisdom from the Church (e.g., Canon Law) influences legal knowledge.

• P→W: The purpose of maintaining social order and fulfilling moral obligations shapes legal wisdom.

Examples:

• Common Law: Court decisions (D) are interpreted (I) and established as precedents (K), which over time contribute to legal wisdom (W).

Transformation Modes:

• W→P: Philosophical wisdom from Enlightenment thinkers guides the purposes behind law making, emphasizing individual rights and liberties.

• P→K: The purpose of creating a just and rational society informs the development of new legal principles and constitutions.

• K→D: Legal knowledge is transformed into written constitutions, statutes, and codes (data).

• D→K: Implementation of laws generates practical knowledge about their effectiveness.

• K→W: Reflection on legal outcomes contributes to wisdom about governance and justice.

Examples:

• Napoleonic Code: Legal knowledge (K) codified into accessible laws (D), influenced by the purpose (P) of unifying French law and Enlightenment ideals (W).

Transformation Modes:

• D→I: Social data, such as demographics, economic indicators, and public opinion, are analyzed to inform policy (I).

• I→K: Legislators and legal experts develop laws based on analyzed information, contributing to legal knowledge (K).

• K→W: Ongoing legal practice and jurisprudence enhance wisdom about justice, rights, and societal needs.

• W→P: Wisdom about human rights and ethical considerations shapes the purpose behind new legislation.

• P→K: Legislative purposes guide the formulation of legal principles and statutes.

• K→D: Legal knowledge is enacted into laws and regulations (D).

Examples:

• Human Rights Legislation: Ethical wisdom (W) about human dignity informs the purpose (P) of protecting rights, leading to the development of laws (K) and their codification (D).

The Conceptual Space involves the development and structuring of legal ideas, theories, and frameworks.

• Ancient Legal Codes:

• Introduction of the concept of codified laws, moving from unwritten customs to written statutes.

• Development of legal concepts such as retributive justice and proportional punishment.

• Roman Law:

• Advancement of legal concepts like contracts, property rights, and personal status.

• Creation of systematic legal frameworks that categorize laws into distinct areas (e.g., civil law, criminal law).

• Medieval Law:

• Emergence of common law principles based on precedent and judicial interpretation.

• Development of feudal law concepts tied to land tenure and obligations.

• Enlightenment and Modern Legal Systems:

• Introduction of constitutionalism and separation of powers.

• Emphasis on individual rights, social contracts, and democratic principles.

• Contemporary Law Making:

• Complex legal systems addressing diverse areas such as technology, environment, and international relations.

• Integration of human rights and global ethical standards into legal frameworks.

The Cognitive Space encompasses the mental processes involved in interpreting, applying, and reasoning about laws.

• Ancient Legal Codes:

• Basic legal reasoning applied to specific cases based on codified laws.

• Judges and officials interpret laws literally, with limited flexibility.

• Roman Law:

• Development of jurisprudence as a science, with legal scholars analyzing and interpreting laws.

• Use of logical reasoning and principles to resolve complex legal issues.

• Medieval Law:

• Judges rely on precedent and customary practices, requiring cognitive skills to interpret evolving laws.

• Legal education emerges, fostering analytical thinking among legal professionals.

• Enlightenment and Modern Legal Systems:

• Philosophical reasoning influences legal thought, requiring abstract thinking and ethical considerations.

• Legislative drafting involves complex cognitive processes to create coherent and effective laws.

• Contemporary Law Making:

• Advanced legal analysis and interpretation due to complex statutes and regulations.

• Cognitive challenges in harmonizing national laws with international obligations.

The Semantic Space involves the meanings and interpretations of legal language and symbols.

• Ancient Legal Codes:

• Use of clear and direct language to ensure understanding among the populace.

• Legal terms are standardized, reducing ambiguity.

• Roman Law:

• Development of precise legal terminology and definitions.

• Creation of legal maxims and principles that encapsulate complex ideas.

• Medieval Law:

• Evolving legal meanings influenced by local customs and languages.

• Interpretation of laws varies by region, leading to semantic diversity.

• Enlightenment and Modern Legal Systems:

• Introduction of new legal concepts and terminologies reflecting philosophical ideas.

• Efforts to clarify and modernize legal language for accessibility.

• Contemporary Law Making:

• Technical and specialized language in statutes and regulations.

• Challenges in legal interpretation due to complexity and rapid societal changes.

The Conscious Space reflects awareness, ethics, morality, and societal values in law making.

• Ancient Legal Codes:

• Laws reflect societal values of justice, retribution, and order.

• Emphasis on maintaining harmony and deterring wrongdoing.

• Roman Law:

• Incorporation of Stoic philosophy promoting natural law and universal justice.

• Laws aim to serve the common good and fairness.

• Medieval Law:

• Influence of Christian ethics and moral teachings on legal practices.

• Laws address moral obligations and spiritual welfare.

• Enlightenment and Modern Legal Systems:

• Emphasis on human rights, individual liberties, and equality.

• Laws reflect ethical considerations derived from philosophical wisdom.

• Contemporary Law Making:

• Global ethical standards incorporated into national and international laws.

• Laws address social justice, environmental sustainability, and human dignity.

The evolution of legal concepts reflects a dynamic interplay between societal needs, philosophical ideas, and practical considerations:

• Ancient to Roman Law: Transition from basic codification to sophisticated legal systems with defined principles and categories.

• Medieval Law: Adaptation to societal changes, integrating customs and religious influences.

• Enlightenment: Revolutionary shift towards individual rights and constitutional governance.

• Contemporary Law: Embracing complexity, addressing global issues, and integrating technology.

Philosophy has profoundly impacted law making, particularly during the Enlightenment:

• Natural Law and Social Contract Theories: Provided ethical foundations for modern legal systems.

• Influence on Purpose (W→P): Philosophical wisdom shapes the objectives of law making, promoting justice, liberty, and equality.

Advancements in legal reasoning and education have enhanced the cognitive processes involved in law making:

• Jurisprudence and Legal Science: Encouraged analytical thinking and systematic approaches.

• Judicial Interpretation: Requires complex reasoning to apply laws to new situations.

• Legislative Drafting: Involves anticipating legal implications and ensuring coherence.

The precision of legal language is crucial for effective law making:

• Standardization: Essential for clarity and uniform application.

• Challenges in Interpretation: Complexity and technicality can lead to misunderstandings, necessitating careful drafting and interpretation.

• Globalization: Requires harmonization of legal terms across different languages and cultures.

Ethical and moral considerations have become increasingly central in law making:

• Human Rights: Recognition of universal rights influences national and international laws.

• Social Justice: Laws address inequalities and protect vulnerable populations.

• Environmental Ethics: Emerging legal frameworks reflect ethical concerns about sustainability and environmental protection.

Technology presents new challenges and opportunities:

• Cyber Law: Addresses issues like data privacy, cybersecurity, and digital contracts.

• Artificial Intelligence: Raises questions about liability, ethics, and regulation.

• Access to Justice: Technology enhances transparency and accessibility but may also widen the digital divide.

Global interconnectedness necessitates cooperation and harmonization:

• International Agreements: Countries collaborate on issues like climate change, trade, and human rights.

• Conflict of Laws: Legal systems must navigate differences in laws and jurisdictions.

• Cultural Sensitivity: International law must respect cultural diversity while upholding universal principles.

The application of the networked DIKWP model and Four Spaces framework to the history of law making offers valuable insights into the complex processes that have shaped legal systems over time.

Key Takeaways:

• Interconnected Transformations: Law making involves dynamic interactions among data, information, knowledge, wisdom, and purpose, reflecting societal needs, ethical considerations, and practical realities.

• Multidimensional Analysis: Integrating the Four Spaces framework provides a holistic understanding of how conceptual developments, cognitive processes, semantic precision, and ethical awareness contribute to legal evolution.

• Historical Progression: From ancient codes to contemporary laws, the legal landscape has evolved to address changing societal values, technological advancements, and global challenges.

• Importance of Ethics and Philosophy: Philosophical wisdom and ethical considerations play a crucial role in shaping the purposes and principles of law making, ensuring that laws serve justice and the common good.

• Challenges and Opportunities: Modern law makers must navigate complexity, ambiguity, and rapid change, requiring adaptability, innovation, and a commitment to fundamental principles.

Future Implications:

• Embracing Technology: Legal systems must continue to adapt to technological innovations, ensuring that laws remain relevant and effective.

• Global Cooperation: International collaboration is essential to address transnational issues and promote global justice.

• Continuous Reflection: Law making should involve ongoing reflection on ethical considerations, societal needs, and the impacts of legislation.

This comprehensive analysis underscores the significance of understanding law making as a dynamic, interconnected process. By applying the networked DIKWP model and Four Spaces framework, we gain a deeper appreciation of the complexities involved and the factors that drive legal innovation and development.

Primary Sources:

• Hammurabi, King of Babylon. (c. 1754 BCE). The Code of Hammurabi. Translated by L.W. King.

• The Twelve Tables. (c. 450 BCE). Roman Law. Various translations.

• Justinian I. (529-534 CE). Corpus Juris Civilis. Translated and edited by S.P. Scott.

Legal and Philosophical Works:

• Locke, J. (1689). Two Treatises of Government. London: Awnsham Churchill.

• Rousseau, J.-J. (1762). The Social Contract. Amsterdam: Marc-Michel Rey.

• Blackstone, W. (1765-1769). Commentaries on the Laws of England. Oxford: Clarendon Press.

• Napoleon Bonaparte. (1804). Code Civil des Français (Napoleonic Code).

• United Nations. (1948). Universal Declaration of Human Rights. New York: United Nations.

Scholarly Works:

• Hart, H.L.A. (1961). The Concept of Law. Oxford: Clarendon Press.

• Fuller, L.L. (1964). The Morality of Law. New Haven: Yale University Press.

• Posner, R.A. (2014). Reflections on Judging. Cambridge: Harvard University Press.

• Raz, J. (1979). The Authority of Law: Essays on Law and Morality. Oxford: Clarendon Press.

• Glenn, H.P. (2010). Legal Traditions of the World. Oxford: Oxford University Press.

• Fukuyama, F. (2011). The Origins of Political Order. New York: Farrar, Straus and Giroux.

Articles and Papers:

• Duan, Y. (2022). The End of Art - The Subjective Objectification of DIKWP Philosophy. Available at ResearchGate.

• Duan, Y. Various publications on the DIKWP model and its applications in law and philosophy. Accessible via ResearchGate.

Additional References:

• Berman, H.J. (1983). Law and Revolution: The Formation of the Western Legal Tradition. Cambridge: Harvard University Press.

• Kant, I. (1797). The Metaphysics of Morals. Translated by M. Gregor. Cambridge: Cambridge University Press (1996).

• Austin, J. (1832). The Province of Jurisprudence Determined. London: John Murray.

Note: This analysis is intended to provide a detailed and comprehensive exploration of law making throughout history, utilizing the networked DIKWP model and Four Spaces framework. The inclusion of historical context, examples, and scholarly references aims to enhance understanding and support further research.

Disclaimer: The information provided is based on historical records and scholarly interpretations. While efforts have been made to ensure accuracy, readers are encouraged to consult original sources and academic literature for more in-depth study.

References for Further Exploration

• International Standardization Committee of Networked DIKWP for Artificial Intelligence Evaluation (DIKWP-SC),World Association of Artificial Consciousness(WAC),World Conference on Artificial Consciousness(WCAC). Standardization of DIKWP Semantic Mathematics of International Test and Evaluation Standards for Artificial Intelligence based on Networked Data-Information-Knowledge-Wisdom-Purpose (DIKWP ) Model. October 2024 DOI: 10.13140/RG.2.2.26233.89445 .  https://www.researchgate.net/publication/384637381_Standardization_of_DIKWP_Semantic_Mathematics_of_International_Test_and_Evaluation_Standards_for_Artificial_Intelligence_based_on_Networked_Data-Information-Knowledge-Wisdom-Purpose_DIKWP_Model

• Duan, Y. (2023). The Paradox of Mathematics in AI Semantics. Proposed by Prof. Yucong Duan:" As Prof. Yucong Duan proposed the Paradox of Mathematics as that current mathematics will not reach the goal of supporting real AI development since it goes with the routine of based on abstraction of real semantics but want to reach the reality of semantics. ".