How Do Base Rules Constitute a Virtual World?

Abstract

The classic theory of rules and norms rooted in John Searle’s theory of institutional facts makes it impossible to treat directives encoded in information and communication technologies (ICT) as rules. In the age of increasing dependence on ICTs, it is important to develop a proper ontological framework for discussing previously unknown issues. The aim of the paper is to characterize the rules constituted by the language of the code and show how they differ from purely social institutional rules. The analysis is based mostly on Jaap Hage's theory of rules as constraints on possible worlds. Hage's understanding makes it possible to explain how rules embedded in the code regulate the functioning of a non-intentional computer system. As a useful representation of relations between base rules and institutional rules, the author presents an example of virtual worlds of massive multiplayer online games, which are spaces that facilitate the emergence of complex, normative social orders. They are very illustrative when it comes to the distinction between digital and social dimensions, thus showing how human culture is able to flourish on top of the digital facts that function as observer-independent, physical brute facts. It is possible, because the base rules constrain the system that processes them, by which they constitute digital facts rather than directly guide users’ behavior. The analysis aims to provide tools for the future development of an appropriate legal framework to analyze the digital layer of reality.