To Die, To Sleep No More
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Murdoch University
Australia
Abstract
This is a piece of speculative legal research. A short narrative is provided, one that is set in the future, and the law embedded within the tale is subject to critique. The story is of an AI that is engaging with the soul of a dead man in deep space. The analysis focuses on how the law, both in the future and in 2026, conceives of the mind and its decision-making. The legal frameworks to be considered are those of agency and consent (as understood in health law). The latter, in particular, has an emphasis on mental capacity. The combination of the narrative and the exegesis, offers the opportunity for an exploration of the ordering of minds and decisions in the law in the present day.
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Author Biography
Chris is an Associate Professor at Murdoch University, where a significant part of his research looks at the regulation of expression and creativity. Prior to that, he had a research-focused position at Melbourne Law School, mostly at the Intellectual Property Research Institute of Australia. Much of his work there focused on the history and theory of IP. Before IPRIA, he worked in defamation law at the Centre for Media and Communications Law. His underlying critical approach arose while undertaking, initially in Murdoch’s School of Politics, his PhD – an application of Foucault’s archaeological method to a history of law.
