My wife and I are rewatching The Next Generation and just finished Measure of a Man, the episode in season 2 in which Data’s personhood is legally debated and his life hangs in the balance.
I genuinely found this episode infuriating in its stupidity. It’s the first episode we skipped even a little bit. It was like nails on a chalkboard.
There is oodles of legal precedent that Data is a person. He was allowed to apply to Starfleet, graduated, became an officer and rose to the rank of Lt. Commander with all the responsibilities and privileges thereof.
Comparing him to a computer and the judge advocate general just shrugging and going to trial over it is completely idiotic. There are literal years and years of precedent that he’s an officer.
The problem is compounded because Picard can’t make the obvious legal argument and is therefore stuck philosophizing in a court room, which is all well and good, but it kind of comes down to whether or not Data has a soul? That’s not a legal argument.
The whole thing is so unbelievably ludicrous it just made me angrier and angrier. It wasn’t the high minded, humanistic future I’ve come to know and love, it was a kangaroo court where reason and precedent took a backseat to feeling and belief.
I genuinely hated it.
To my surprise, in looking it up, I discovered it’s considered one of the high water marks for the entire show. It feels like I’m taking crazy pills.
Abandonned property can be taken and used. It was thought that whoever was the “owner” of Data died in the crystaline entity incident.
As for enlistment - Data could learn what he needed to probably in a day. He was a huge asset and denying him entry would be a detriment to Starfleet, even if he was a “thing”. I don’t see enlisting as something that would only be offered to humans / not things, we see a ship “enlist” in Discovery for instance.
First, was it abandoned or were the residents fleeing for their lives under duress? Yeah the latter. This is very far from being long abandoned property. Even if the owner was killed, it’s not a sudden finders keepers. There are wills, or even without a will there are still legal inheritors that the courts figure out. Again, this is not an event from long ago, it literally just happened. If you want to claim legal ownership rights over something that wasn’t yours to begin with, it’s a serious task and the burden is on you. You don’t automatically assume legal ownership, basically the court would have to find in your favor that you can claim salvage. Until and unless that happens, you don’t have legal ownership. That means any difficulty/ambiguity/complexity in the matter leans away from the courts giving you legal ownership. Also, generally as the value of the object goes up, the difficulty of the salvage ownership claim goes up. The value and complexity of a working android is unfathomable and the difficulty of your salvage claim just shot into the stratosphere.
Second enlistment. This is not about learning. Enlisting is a contract. You need to have agency to sign that contract. This is why people under 18 and feeble minded people can not enter into a contract - they do not have agency.
That’s what Picard should have argued: 1) The very act of Starfleet accepting Data’s signature shows they thought Data had agency. Precedent was set. That means both sentience and the ability to decide to resign. That alone basically wins the case. But failing that we can look at the other side: 2) If the judge says that he has no agency to resign from Starfleet, that means that Data never had agency to enlist in Starfleet in the first place. The entire contract is null and void. Data has no legal relationship with Starfleet, they can not give him orders to report to Maddox, and Data is free to go. Which leaves you with the salvage claim, and as above good luck with that you’re going to need it.
That’s basically the same as what I said before but with more elaboration. That’s as elaborate an explanation that I care to make so I think that’s my last reply.