Feng Xiang 冯象

China University of Political Science and Law Press (中国政法大学出版社), Beijing, 2018

Reviewed by Prabhat Katyayan Mishra (Ph.D. candidate of Jawaharlal Nehru University, HYI Visiting Fellow)

Feng Xiang (1957-), Professor of Law at Tsinghua University, Beijing, skillfully integrates insights from diverse fields of law, artificial intelligence (AI), ethics, literature, philosophy, history, and culture in Ego Alpha to produce a series of meditations on how law and ethics must adapt in the face of transformative technologies. Structured neither like a typical social science research monograph, nor a philosophical treatise on law and AI, the book is a highly poetic and allegorical, forward-looking reflection on intersections between legal theory, intellectual property (IP), constitutional studies, ethics, and the evolving landscape of AI. Not restricted to an analysis of the intersections of law and AI, the book is a philosophical and historical critique of law itself. Its evocative prose connects these themes to broader cultural, historical, and ethical considerations in a narrative interspersed with personal and historical anecdotes.

“I am the Alpha and the Omega, the first and the last, the beginning and the end” [1]  (New Testament: Revelation 1:8 and 22:13), reads the book’s epigraph, whence comes the title. Invoking Biblical ideas of origin, culmination, and transformation in this fashion and transposing them on to the advent of AI sets the stage for the book’s exploration of the profound and revolutionary changes technology brings to law and society. Ego Alpha frames AI as both the beginning of a new era and the potential end of traditional systems and argues to reimagine legal and ethical systems in light of technological and social transformations, deeply rooted in both Chinese revolutionary history and global intellectual traditions.

The preface illustrates how revolutionary ideals—focused on collective ownership and public good—clash with Western-style IP frameworks that emphasize private ownership and profit. For Feng, the adoption of global IP has been at odds with China’s Socialist commitments. The rise of AI and digital technology challenge the traditional IP framework necessitating new approaches to sharing knowledge and fostering innovation, echoing revolutionary ideals of dismantling monopolies and empowering collective progress.

The first chapter is a semi-autobiographical tale of resilience against adversity that offers a creative touch, grounding abstract philosophical ideas around justice, law, and social transformation in a vivid narrative. The second chapter, key to Feng’s overall thesis, critically examines how globalization, the internet, and disruptive innovation have reshaped the purpose and enforcement of IP laws. Notwithstanding China’s ambiguous role as a beneficiary and violator of weak IP norms, citing examples of music sharing, piracy, and open-source software, he calls for aligning IP laws with open innovation and digital economies to support collaboration and innovation instead of strict ownership over products and services.

The next chapter takes the rise of AI and decline of IP as an opportune moment for China to innovate a legal system rooted in its historical and cultural traditions rather than replicating Western models. Feng critiques China’s incomplete legal reforms, what he calls “Constitutional voids”, and their misalignment with China’s unique historical trajectory, urging critical self-reflection in legal scholarship to break free from the “colonial” mindset of blindly adopting Western models.

The third chapter draws a fascinating analogy between IP and the peacock’s tail, symbolising prestige rather than practical utility. It critiques IP systems for stifling innovation and fostering monopolization. Advocating for collaboration and access, the chapter calls for a rethinking of IP laws to align with modern realities.

The following chapter reflects on the difficulties of implementing robust public oversight to hold the executive accountable and judicial review of laws in China’s unique socio-political landscape and calls for actionable constitutional reforms to align laws with governance needs.

The last chapter situates the rise of AI within a broader debate about the future of justice, preparing for the end of human exceptionalism in the realm of intelligence, and explores the challenges posed by machines capable of surpassing human cognitive abilities. Feng proposes a re-configuration of human-machine interactions in the era of advanced AI by rethinking ethics and moving towards universal welfare in a post-scarcity world. He believes AI can be a crucial tool in realising the Communist ideals of universal liberation and shared abundance. The chapter is otherwise filled with critical reflections on challenging traditional notions of labor, ownership, and social organization and is presented as a potential pathway towards a more just and fulfilling future for humanity.

Feng writes, “If AI remains under the control of market forces, it will inexorably result in a super-rich oligopoly of data billionaires who reap the wealth created by robots that displace human labor, leaving massive unemployment in their wake.”[2] A firm believer in AI’s pervasiveness being a harbinger of its impending demise, Feng proposes a straightforward path to freedom. It goes something like this: AI will handle labor, allowing humans to pursue intellectual and creative endeavors; the State would own and guide AI systems and abundance generated would be shared equitably. He prefers this utopian Communist vision to the present where a handful of tech giants own the means of production—IP, and by extension, the superintelligent AIs of the future. For someone who is no stranger to complex ideas expressed convolutedly, Feng displays a naive sanguinity here.

Feng’s ability to connect historical critiques with contemporary challenges stands out—presenting AI as not merely a technological advance but as a transformative force requiring a re-evaluation of ethical and legal norms. The book’s strengths also contribute in making it a challenging read. Poetic language, philosophical themes, and multidisciplinary analysis come together in a fragmented narrative devoid of a cohesive central argument. For these reasons, it is more suited for readers interested in provocations, eclectic ideas, and critical readings of AI and its legal ramifications. Linearity and straightforwardness are not among its virtues.

In conclusion, Ego Alpha is a bold and thought-provoking exploration of the intersection between law, ethics, and AI. Feng Xiang brings his multifaceted expertise to craft a book that challenges conventional legal thought and societal expectations in an era increasingly shaped by intelligent machines. Legal scholars and readers interested in philosophical critiques of AI will find much to ponder here. The book is also a valuable resource for ethicists and policymakers grappling with AI’s disruptive potential and the norms of justice and governance in a digital age. For those seeking a systematic or purely technical discussion of AI, this book might not meet expectations. Nevertheless, Ego Alpha remains a profound and ingenious work that is filled with potent ideas, traces of which remain buried long after in readers’ minds, only to resurface unexpectedly and inspire flights of discovery and creativity.

[1] “Ego Alpha et Omega primus et novissimus principium et finis 我是阿尔法, 又是奥米伽 是第一和末后太初与永终” (5)

[2] Xiang, F. (2018). AI Will Spell the End of Capitalism. New Perspectives Quarterly, 35(3), 9–11. https://doi.org/10.1111/npqu.12152