Large-scale complex societies have built subjectivity that is qualitatively and quantitatively different to that of small-scale societies, all because you cannot engage in exchange with a stranger without needing to trust that they will follow through. This isn’t just me saying it, it’s well established through research. For instance Henrich et al (2010) traveled all across the world, testing over 2000 people in communities ranging from US cities to tiny indigenous African settlements, and identified that with market integration and large community sizes comes the subjective expectation/assumption of fairness in interaction with a stranger and the willingness to expend your own resources to punish strangers who are not fair with other strangers. That subjectivity is built as a result of living in a system that requires a sense of fairness with strangers — in small communities, you simply rely on reputation with people that know you for reciprocity of results. If you break down that requirement for trust, you break the very subjective requirement that binds large societies together. A society that is built on smart contracts is not a community at all. To quote Zuboff (2015):
From Locke to Durkheim, the contract and the rule of law that supports it have been understood as derived from the social and the trust and organic solidarity of which the social is an effect (Durkheim, 1964: 215; Locke, 2010: 112-115, 339). For Weber, 'the most essential feature of modern substantive law, especially private law is the greatly increased significance of legal transactions , particularly contracts , as a source of claims guaranteed by legal coercion ... one can ... designate the contemporary type of society ... as a "contractual" one' (1978: 669).
As Hannah Arendt suggests, 'the great variety of contract theories since the Romans attests to the fact that the power of making promises has occupied the center of political thought over the centuries.' Most vivid is the operation of the contract as it enhances the mastery of individuals and the resilience of society. These goods derive precisely from the unpredictability 'which the act of making promises at least partially dispels ...' For Arendt, human fallibility in the execution of contracts is the price of freedom. The impossibility of perfect control within a community of equals is the consequence of 'plurality and reality ... the joy of inhabiting together with others a world whose reality is guaranteed for each by the presence of all.' Arendt insists that 'the force of mutual promise or contract' is the only alternative 'to a mastery which relies on domination of one's self and rule over others; it corresponds exactly to the existence of freedom which was given under the condition of non-sovereignty' (1998: 244).
In contrast to Arendt, Varian's vision of a computer-mediated world strikes me as an arid wasteland - not a community of equals bound through laws in the inevitable and ultimately fruitful human struggle with uncertainty. In this futurescape, the human community has already failed. It is a place adapted to the normalization of chaos and terror where the last vestiges of trust have long since withered and died. Human replenishment from the failures and triumphs of asserting predictability and exercising over will in the face of natural uncertainty gives way to the blankness of perpetual compliance. Rather than enabling new contractual forms, these arrangements describe the rise of a new universal architecture existing somewhere between nature and God that I christen Big Other . It is a ubiquitous networked institutional regime that records, modifies, and commodifies everyday experience from toasters to bodies, communication to thought, all with a view to establishing new pathways to monetization and profit. Big Other is the sovereign power of a near future that annihilates the freedom achieved by the rule of law. It is a new regime of independent and independently controlled facts that supplants the need for contracts, governance, and the dynamism of a market democracy. Big Other is the 21st-century incarnation of the electronic text that aspires to encompass and reveal the comprehensive immanent facts of market, social, physical, and biological behaviors. The institutional processes that constitute the architecture of Big Other can be imagined as the material instantiation of Hayek's 'extended order' come to life in the explicated transparency of computer-mediation.
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