Are we doing space law wrong?
Space Law is a many faceted aspect of our quest to go out into our solar system and I have read many of the posts and articles and attended some online forums regarding this topic. After researching this topic I have come to believe that our efforts to "manage" this future through the application of Earth based law is perhaps attempting to do this in the wrong way.
The rule of law governs not only individuals but also states and businesses and is a reflection of our attempts to apply a semblance of order and management to all things. Space law is an attempt to apply Earth based law to an environment that is totally hostile to us not just physically but also psychologically as well. This attempt is the wrong approach.
Attempting to exert this control from Earth on other celestial bodies and those who one day will inhabit those worlds is perhaps an extension of of our inability to let our children grow.
Our children are nurtured and protected until they are able to go out on their own and become contributing adults to society and their families. If we attempt to impose Earth based laws and structures on those other worlds and the societies we build there, we are not nurturing our children to grow but are restricting their development. We should through our space laws be setting up an environment wherein those other places can flourish and grow on their own rather be managed (controlled) from Earth.
I have previously written about letting the lunar and other planetary colonies/ societies be independent sovereigns not controlled from Earth. There are many reasons why this would be a good scenario and I have expanded on that concept in my blog writings.
Essentially, the off-world environment is one where an Earth bound manager (Earth) is so far removed from the daily operations and needs of the new societies that it would be dangerous for Earth to impose it's will (laws) upon them.
Here are a few links that expand on this post:
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