Scientific Method in Sociological Research.- Part II Law and Modern Physics

These Blogs are based on the lectures for a mini course on "Scientific Method for Non-Scientists".

Scientific Method in Sociological Research - Part II Law and Modern Physics

Debi Prasad Choudhary

Los Angeles, CA

The General Theory of Relativity and Quantum Mechanics are not only two great achievements of modern physics that enabled us designing devices such as GPS, computers and nuclear medicine for better living but also intellectually enriched us in better understanding the natural phenomena. In a sharp departure from the Newtonian paradigm, the space and time in the universe, according to General Theory of Relativity, is not uniform but gets structured or distorted in presence of matter and energy. Objects in the universe, such as stars, galaxies and planets move in the distorted space-time geometry. If the space-time were uniform, the motion of planets around the sun would be in an elliptical path following the Newton’s laws and the location of the shortest distance from the sun would shift slightly. The observations show that this is not the case and the location of the shortest distance of the innermost planet Mercury from the sun change faster. This observation showed that Mercury does not move in a flat uniform space around the sun, in stead moves in a curved space, distorted by the presence of the mass of the sun. The same theory is used to accurately determine the locations with GPS. On the other extreme, as we study the tine particles such as atoms and electrons, the observation process itself disturb its location. * So, it is impossible to simultaneously determine both the location and its time precisely. If we want precise spatial location of an atom, the time of it will not be precise and if the temporal information is desired precisely, the spatial information would be lost. This is one of the foundations of Quantum Mechanics that helped design almost all modern devices starting from computers to atom bombs.

Intellectually, these theories motivate us to observe the world in a completely different perspective. Here, we consider the governance of modern societies through constitution and law. The modern states have their constitutions and laws that must be in principle uniformly applied for all citizens for fairness, regardless of their social status or circumstances in which they leave. But, as discussed by Laurence H. Tribe¹, the uniform application may not be ideal and it would be advantages to consider the applicability of law non-uniformly depending on specific circumstances of a given case. He cites the example of a judgment relating the child abuse case, in which Joshua was repeatedly beaten by his father severely leading him to vegetative state. The state officers meticulously documented the evidence of torchers during the entire process but failed to intervene leading to fatal and permanent harm to the victim. After Joshua was permanently injured, his guardian local officials on the theory that “their failure to act deprived him of his liberty in violation of the due process clause of 14^th amendment and that Joshua was therefore entitled to recover damages under the civil rights status.”  The Supreme Court of Justice Rehnquist considered the “undeniably tragic” case and stated that, “nothing in the process of Due Process Clause… (that was enacted in the wake of the Civil War to enforce 14^th amendment) requires the State to protect the life, liberty and property of its citizens against the invasion of private actors. The Clause is framed as a limitation on the State’s power to act, not as a guarantee of certain minimal levels of safety and security.”

The majority view of the Court was based on the outcome of the simple questions such as “did the state of Wisconsin beat up that child?”. Inspired by General Theory of Relativity Tribe notes that the Court could have considered “Did the law of Wisconsin, taken in its entirety, warp the legal landscape so that in effect, deflected the assistance otherwise available to Joshua.” 

Unlike in physical science, where is it possible to precisely measure the effect of curvature or distortion of the space caused by the presence certain amount of mass, it is not possible to quantify the influence on humane considerations. Cautiously, Justice Rehnquist stated that before influenced by grievous situations such as that of Joshua the judgment should rest on more conservative view. “Had the state moved too soon to take custody of the son away from the father, they would likely have been met with the charge of improperly intruding into the parent-child relationship, charge based on the same Due Process Clause”.

Justice Brennan on the other hand considered the local circumstances, which might be thought as consistent with modern view. He asked, “whether the state of Wisconsin – by establishing a child welfare system specifically to help children like Joshua, by creating a system for investigating reported instances of child abuse, and by outlawing private intrusions into a home where a child seems imperiled – effectively channeled all reports of such abuse, and all actions in response to such reports, to specific agencies. In this way, the state invited citizens and others to depend on local departments of social services … to protect children from abuse”.

According to Tribe, as illustrated with the Joshua’s case was adjudicated by a Newtonian judge who viewed the case from a objective vantage point that easily absolved the state of responsibility of his plight. “A post-Newtonian judge on the other hand would view the perspective of those whom her ruling affects as no less legitimate than her own, and ask what social space the body of legal rules help to define and may not distance the state from the helplessness of the most vulnerable”. This would help achieve philosopher John Rawls’ conclusion fundamental fairness of the society is achieved by fairly treating the least disadvantaged in the society.

As stated earlier, another powerful finding of the modern physics is to realize that in the process of observing tiny particles such as electrons by shining light or using a probe, we actually change its original position that we desire to determine. The particle is so small that as the light particle collide or the probe touches it moves!! This is known as “Uncertain Principle”. This simple sounding principle is used to understand the nuclear reactions that keep the sun shining and design “tunneling microscopes” to examine very small objects. Besides, this principle has tremendous social implication and used by both philosophers and sociologists to shape their concepts of working of the world.  This post Newtonian physics-like effect is seen in the process of awarding appropriate relief by due process of the law that alter the physical system under observation by the “process” it self. The case of Wooley Vs. Maynard, in which common citizens did not want to display state mandated statement “Live Free or Die” in their car license plate, illustrates the process of observation altering the material being observed. The Supreme Court extended the scope of First Amendment of free speech stating that “the proposition that the right of freedom of thought protected by the First Amendment against the state action include both the right to speak freely and the right to refrain from speaking at all.”

In the recent time, Chief Justice John Robert’s view on the Health Care Law that “Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them. If at all possible, we must interpret the act in a way that is consistent with the former, and avoids the latter” may also be used to illustrate his judgment on “Individual Mandate” in 2012 as the observation influencing the case being observed. He wrote in majority opinion that “The Affordable Care Act’s requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax. Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.”² This judgment became a major first victory for the survival of the act.

Finally, we might consider the recent Supreme Court judgment on Obergefell v. Hodges case³ (on same sex marriage) effected by the “curved space time”. Justice Kennedy pointed out “in interpreting the Equal Protection Clause, the court has recognized that new insights and social understandings can reveal unjustified inequality within our most fundamental institutions that once passed unnoticed and unchallenged”. This is important as, in a sense, it provides tools to our legal institutions to deal with social dogma that govern our societies unofficially. Physical laws that have been so successful in improving our material lives can shape our intellectual views and provide wisdom to devise tools to improve our intellectual social lives.

* Precisely the quantum mechanical uncertainty principle states that it is impossible to simultaneously determine both the location and its momentum (mass x velocity) or Energy and time.

¹ The Curvature of Constitutional Space: What Lawyers can learn from modern physics. By Laurence H. Tribe, Tyler Professor of Constitutional Law, Harvard Law School, Harvard Law Review, 1989, 103, 1- 38.

² NewYork Times, ADAM LIPTAK JUNE 28, 2012

³ Suhrith Parthasarathy, Emulating the U.S’s rainbow movement, The Hindu, Tuesday, June 30, 2015