Data Fiduciary and the Delusion of Free Will

Ashit K Srivastava

Assistant Professor

Dharmashastra National Law University, Bhopal, India

This is a part of a series of small notes delivered unintentionally in the reminiscing yet fading memory of Immanuel Kant, a philosopher of the future born in the past. An irony goes well with a grin.

The intentional escapism of society from the horrors of World War II landed them to the idea of ‘Free Will’, I am not claiming that the idea of ‘Free Will’ was discovered or evolved after the World War II but rather it was resuscitated to life after WWII. Where after, people started realizing the importance of human rights and human dignity; with which raised the giant of ‘Free will’. India too being an unwarranted participant happily embraced the new era of jurisprudence. And quite articulately knitted together a pro-human rights regime under the aegis of Article 21; however, the credit of much of the hard work needs to be given to the Indian Judiciary which has toiled in no less a brick for formalizing this informal dream. In pursuance to which, Article 21 of the Indian Constitution has been raided time and again for excavating the rich minerals of human rights. If one was to be asked which article has been the most economically exploited and articulately connoted? All eyes will narrow down to article 21. The amount of post-modern consumerism has been related to article 21, I do not think any other provision has seen such exposure. The idea of ‘life’ under article 21 consists of endless possibilities which are pregnant with the potential of creating its own dark matter.  And the idea of ‘free Will’ is just a facet of article 21 that is ‘Individual Autonomy’, but how cranky the whole idea seems. To have individual autonomy requires an utmost control of one’s choices in life but that is the funny part, is human being a ‘free will’ being. The answer to which is delivered by all the behaviourist economist as a big ‘no’, the external stimulation of human being are governed by the chemical reaction of the mind. One such chemical reaction is ‘Dopamine Reward System’ we as a human being are neuron-centric being, which does stuff for the attainment of pleasure, Dopamine does that for us, whenever a stimulation gives us happiness, dopamine is released in our brain giving us immense bodily satisfaction. Now pay attention behaviourist economist already know this, one prime example of this is ‘Facebook’ which knows how much you like sharing stuff on Facebook, but it is not only sharing it is the public appreciation which you get in form of ‘like button’ which exhilarates your dopamine level in your body. A well sort out plan in name of economic strategy; now once hooked, the person sharing the information is dependent on the service provider, it creates a fiduciary relationship between the both; but however, the information provider is hooked to the dopamine rush; knowing there is no alternate to satisfy his dopamine rush apart from the service provider, hence killing its freedom of choice. The Article will resume further in the next sitting.....

About the Author

Mr Srivastava prior to joining NLU-Odisha has worked as an Assistant Professor of law at Amity Law School, Amity University, Lucknow. He had cleared his National Eligibility Test in 2017. He is a Primary Advisor to Internationalism. With a heavy inclination towards philosophy and an eagerness to teach Mr Srivastava has been teaching since his post-graduation, he has several publications in refereed journals to his credit. He has also participated in several national and international seminars on diverse topics such as human rights, freedom of expression, global constitutionalism and challenges pertaining to water sharing in SAARC regions. Mr. Srivastava has also authored an e-book L’histoire des Eaux leagues: The paradigm of legal amour (edited by Abhivardhan); apart from academic writing. Mr Srivastava is a frequent contributor to several blogs. Additionally, Mr Srivastava is also an editor for the Journal of Commonwealth Law and Legal Education.

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