Artificial agents are commonly described by using words that traditionally belong to the semantic field of organisms, particularly of animal and human life. I call this phenomenon the game of semantic extension. However, the semantic extension of words as crucial as “autonomous”, “intelligent”, “creative”, “moral”, and so on, is often perceived as unsatisfactory, which is signalled with the extensive use of inverted commas or other syntactical cues. Such practice, in turn, has provoked harsh criticism that usually refers back to the (...) literal meaning of the words to show their inappropriateness in describing artificial agents. Hence the question: how can we choose our words appropriately and wisely while making sense of artificial agents? After a brief introduction (§1), in §2 I present the starting point of my argument, which consists in the assumption that the dimensions of technology and language are deeply entangled. In §3 I discuss how this assumption impinges on the issue of choosing the right words to talk about artificial agents. §4 is an exposition of the main features of the game of semantic extension, while §5 reviews the related opportunities and risks. Finally, §6 elaborates some practical suggestions on how to play the game well. (shrink)

What is techno-optimism and how can it be defended? Although techno-optimist views are widely espoused and critiqued, there have been few attempts to systematically analyse what it means to be a techno-optimist and how one might defend this view. This paper attempts to address this oversight by providing a comprehensive analysis and evaluation of techno-optimism. It is argued that techno-optimism is a pluralistic stance that comes in weak and strong forms. These vary along a number of key dimensions but each (...) shares the view that technology plays a key role in ensuring that the good prevails over the bad. Whatever its strength, to defend this stance, one must flesh out an argument with four key premises. Each of these premises is highly controversial and can be subjected to a number of critiques. The paper discusses five such critiques in detail. The paper also considers possible responses from the techno-optimist. Finally, it is concluded that although strong forms of techno-optimism are not intellectually defensible, a modest, agency-based version of techno-optimism may be defensible. (shrink)

There is a concern that the widespread deployment of autonomous machines will open up a number of ‘responsibility gaps’ throughout society. Various articulations of such techno-responsibility gaps have been proposed over the years, along with several potential solutions. Most of these solutions focus on ‘plugging’ or ‘dissolving’ the gaps. This paper offers an alternative perspective. It argues that techno-responsibility gaps are, sometimes, to be welcomed and that one of the advantages of autonomous machines is that they enable us to embrace (...) certain kinds of responsibility gap. The argument is based on the idea that human morality is often tragic. We frequently confront situations in which competing moral considerations pull in different directions and it is impossible to perfectly balance these considerations. This heightens the burden of responsibility associated with our choices. We cope with the tragedy of moral choice in different ways. Sometimes we delude ourselves into thinking the choices we make were not tragic ; sometimes we delegate the tragic choice to others ; sometimes we make the choice ourselves and bear the psychological consequences. Each of these strategies has its benefits and costs. One potential advantage of autonomous machines is that they enable a reduced cost form of delegation. However, we only gain the advantage of this reduced cost if we accept that some techno-responsibility gaps are virtuous. (shrink)

In this paper, I shall set out the pros and cons of assigning legal personhood on artificial intelligence systems under civil law. More specifically, I will provide arguments supporting a functionalist justification for conferring personhood on AIs, and I will try to identify what content this legal status might have from a regulatory perspective. Being a person in law implies the entitlement to one or more legal positions. I will mainly focus on liability as it is one of the main (...) grounds for the attribution of legal personhood, like for collective legal entities. A better distribution of responsibilities resulting from unpredictably illegal and/or harmful behaviour may be one of the main reasons to justify the attribution of personhood also for AI systems. This means an efficient allocation of the risks and social costs associated with the use of AIs, ensuring the protection of victims, incentives for production, and technological innovation. However, the paper also considers other legal positions triggered by personhood in addition to responsibility: specific competencies and powers such as, for example, financial autonomy, the ability to hold property, make contracts, sue. (shrink)

During the last decade there has been burgeoning research concerning the ways in which we should think of and apply the concept of responsibility for Artificial Intelligence. Despite this conceptual richness, there is still a lack of consensus regarding what Responsible AI entails on both conceptual and practical levels. The aim of this paper is to connect the ethical dimension of responsibility in Responsible AI with Aristotelian virtue ethics, where notions of context and dianoetic virtues play a grounding role for (...) the concept of moral responsibility. The paper starts by highlighting the important difficulties in assigning responsibility to either technologies themselves or to their developers. Top-down and bottom-up approaches to moral responsibility are then contrasted, as we explore how they could inform debates about Responsible AI. We highlight the limits of the former ethical approaches and build the case for classical Aristotelian virtue ethics. We show that two building blocks of Aristotle’s ethics, dianoetic virtues and the context of actions, although largely ignored in the literature, can shed light on how we could think of moral responsibility for both AI and humans. We end by exploring the practical implications of this particular understanding of moral responsibility along the triadic dimensions of ethics by design, ethics in design and ethics for designers. (shrink)

The notion of “responsibility gap” with artificial intelligence (AI) was originally introduced in the philosophical debate to indicate the concern that “learning automata” may make more difficult or impossible to attribute moral culpability to persons for untoward events. Building on literature in moral and legal philosophy, and ethics of technology, the paper proposes a broader and more comprehensive analysis of the responsibility gap. The responsibility gap, it is argued, is not one problem but a set of at least four interconnected (...) problems – gaps in culpability, moral and public accountability, active responsibility—caused by different sources, some technical, other organisational, legal, ethical, and societal. Responsibility gaps may also happen with non-learning systems. The paper clarifies which aspect of AI may cause which gap in which form of responsibility, and why each of these gaps matter. It proposes a critical review of partial and non-satisfactory attempts to address the responsibility gap: those which present it as a new and intractable problem (“fatalism”), those which dismiss it as a false problem (“deflationism”), and those which reduce it to only one of its dimensions or sources and/or present it as a problem that can be solved by simply introducing new technical and/or legal tools (“solutionism”). The paper also outlines a more comprehensive approach to address the responsibility gaps with AI in their entirety, based on the idea of designing socio-technical systems for “meaningful human control", that is systems aligned with the relevant human reasons and capacities. (shrink)

In philosophy of mind, zombies are imaginary creatures that are exact physical duplicates of conscious subjects but for whom there is no first-personal experience. Zombies are meant to show that physicalism—the theory that the universe is made up entirely out of physical components—is false. In this paper, I apply the zombie thought experiment to the realm of morality to assess whether moral agency is something independent from sentience. Algorithms, I argue, are a kind of functional moral zombie, such that thinking (...) about the latter can help us better understand and regulate the former. I contend that the main reason why algorithms can be neither autonomous nor accountable is that they lack sentience. Moral zombies and algorithms are incoherent as moral agents because they lack the necessary moral understanding to be morally responsible. To understand what it means to inflict pain on someone, it is necessary to have experiential knowledge of pain. At most, for an algorithm that feels nothing, ‘values’ will be items on a list, possibly prioritised in a certain way according to a number that represents weightiness. But entities that do not feel cannot value, and beings that do not value cannot act for moral reasons. (shrink)

A humanoid robot named ‘Sophia’ has sparked controversy since it has been given citizenship and has done media performances all over the world. The company that made the robot, Hanson Robotics, has touted Sophia as the future of artificial intelligence. Robot scientists and philosophers have been more pessimistic about its capabilities, describing Sophia as a sophisticated puppet or chatbot. Looking behind the rhetoric about Sophia’s citizenship and intelligence and going beyond recent discussions on the moral status or legal personhood of (...) AI robots, we analyse the performativity of Sophia from the perspective of what we call ‘political choreography’: drawing on phenomenological approaches to performance-oriented philosophy of technology. This paper proposes to interpret and discuss the world tour of Sophia as a political choreography that boosts the rise of the social robot market, rather than a statement about robot citizenship or artificial intelligence. We argue that the media performances of the Sophia robot were choreographed to advance specific political interests. We illustrate our philosophical discussion with media material of the Sophia performance, which helps us to explore the mechanisms through which the media spectacle functions hand in hand with advancing the economic interests of technology industries and their governmental promotors. Using a phenomenological approach and attending to the movement of robots, we also criticize the notion of ‘embodied intelligence’ used in the context of social robotics and AI. In this way, we put the discussions about the robot’s rights or citizenship in the context of AI politics and economics. (shrink)

This paper considers the hotly debated issue of whether one should grant moral and legal personhood to intelligent robots once they have achieved a certain standard of sophistication based on such criteria as rationality, autonomy, and social relations. The starting point for the analysis is the European Parliament’s resolution on Civil Law Rules on Robotics and its recommendation that robots be granted legal status and electronic personhood. The resolution is discussed against the background of the so-called Robotics Open Letter, which (...) is critical of the Civil Law Rules on Robotics. The paper reviews issues related to the moral and legal status of intelligent robots and the notion of legal personhood, including an analysis of the relation between moral and legal personhood in general and with respect to robots in particular. It examines two analogies, to corporations and animals, that have been proposed to elucidate the moral and legal status of robots. The paper concludes that one should not ascribe moral and legal personhood to currently existing robots, given their technological limitations, but that one should do so once they have achieved a certain level at which they would become comparable to human beings. (shrink)

Artificial intelligence (AI) is one of the main drivers of what has been described as the “Fourth Industrial Revolution”, as well as the most innovative technology developed to date. It is a pervasive transformative innovation, which needs a new approach. In 2017, the European Parliament introduced the notion of the “electronic person”, which sparked huge debates in philosophical, legal, technological, and other academic settings. The issues related to AI should be examined from an interdisciplinary perspective. In this paper, we examine (...) this legal innovation—that has been proposed by the European Parliament—from not only legal but also technological points of view. In the first section, we define AI and analyse its main characteristics. We argue that, from a technical perspective, it appears premature and probably inappropriate to introduce AI personhood now. In the second section, justifications for the European Parliament’s proposals are explored in contrast with the opposing arguments that have been presented. As the existing mechanisms of liability could be insufficient in scenarios where AI systems cause harm, especially when algorithms of AI learn and evolve on their own, there is a need to depart from traditional liability theories. (shrink)

The design of collaborative robotics, such as driver-assisted operations, engineer a potential automation of decision-making predicated on unobtrusive data gathering of human users. This form of ‘somatic surveillance’ increasingly relies on behavioural biometrics and sensory algorithms to verify the physiology of bodies in cabin interiors. Such processes secure cyber-physical space, but also register user capabilities for control that yield data as insured risk. In this technical re-formation of human–machine interactions for control and communication ‘a dissonance of attribution’ :7684, 2019. https://doi.org/10.1073/pnas.1805770115) (...) is created between perceptions of phenomena, materials and decision-making. This reconfigures relations not only between humans and machines, objects and subjects, but possibly disrupts attributive functions in the social system of Law. What it requires is shifting a legal accountability for action from a sovereignty of the human to a new materialist account based on a ‘cognitive assemblage’ between physiological data, computation and algorithmic sensing. This paper investigates the function of law as a guidance system to acknowledge this account of sensory and algorithmic computation as autonomous ‘sensing agents’ that may be accountable in situations of risk. This assemblage of robotic computation and sensory determination requires a clearer legal differentiation across the current static terminologies of person, property, liability and rights that maintain strict separations of object from subject. To neglect this, we argue, law will solely impute attributions of error to humans despite evidence of operation via mutual control. (shrink)

The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can possess citizenship—a concept reserved only for humans, as it presupposes the idea of possessing civil duties and protections. Where there are several decades’ worth of writing on the concept of the legal status of computational artificial artefacts in the USA and elsewhere, (...) it is surprising that law makers internationally have come to a standstill to protect our silicon brainchildren. In this essay, it will be assumed that future artificial entities, such as Sophia the Robot, will be granted citizenship on an international scale. With this assumption, an analysis of rights will be made with respect to the needs of a non-biological intelligence possessing legal and civic duties akin to those possessed by humanity today. This essay does not present a full set of rights for artificial intelligence—instead, it aims to provide international jurisprudence evidence aliunde ab extra de lege lata for any future measures made to protect non-biological intelligence. (shrink)

Can robots have significant moral status? This is an emerging topic of debate among roboticists and ethicists. This paper makes three contributions to this debate. First, it presents a theory – ‘ethical behaviourism’ – which holds that robots can have significant moral status if they are roughly performatively equivalent to other entities that have significant moral status. This theory is then defended from seven objections. Second, taking this theoretical position onboard, it is argued that the performative threshold that robots need (...) to cross in order to be afforded significant moral status may not be that high and that they may soon cross it (if they haven’t done so already). Finally, the implications of this for our procreative duties to robots are considered, and it is argued that we may need to take seriously a duty of ‘procreative beneficence’ towards robots. (shrink)

Artificial intelligence (AI) and robotics are digital technologies that will have significant impact on the development of humanity in the near future. They have raised fundamental questions about what we should do with these systems, what the systems themselves should do, what risks they involve, and how we can control these. - After the Introduction to the field (§1), the main themes (§2) of this article are: Ethical issues that arise with AI systems as objects, i.e., tools made and used (...) by humans. This includes issues of privacy (§2.1) and manipulation (§2.2), opacity (§2.3) and bias (§2.4), human-robot interaction (§2.5), employment (§2.6), and the effects of autonomy (§2.7). Then AI systems as subjects, i.e., ethics for the AI systems themselves in machine ethics (§2.8) and artificial moral agency (§2.9). Finally, the problem of a possible future AI superintelligence leading to a “singularity” (§2.10). We close with a remark on the vision of AI (§3). - For each section within these themes, we provide a general explanation of the ethical issues, outline existing positions and arguments, then analyse how these play out with current technologies and finally, what policy consequences may be drawn. (shrink)

The purpose of this paper is to offer some critical remarks on the so-called pragmatist approach to the regulation of robotics. To this end, the article mainly reviews the work of Jack Balkin and Joanna Bryson, who have taken up such ap- proach with interestingly similar outcomes. Moreover, special attention will be paid to the discussion concerning the legal fiction of ‘electronic personality’. This will help shed light on the opposition between essentialist and pragmatist methodologies. After a brief introduction (1.), (...) in 2. I introduce the main points of the methodological debate which opposes pragmatism and essentialism in the regulation of robotics and I examine how legal fictions are framed from a pragmatist, functional perspective. Since this approach entails a neat separation of ontological analysis and legal rea- soning, in 3. I discuss whether considerations on robots’ essence are actually put into brackets when the pragmatist approach is endorsed. Finally, in 4. I address the problem of the social valence of legal fictions in order to suggest a possible limit of the pragmatist approach. My conclusion (5.) is that in the specific case of regulating robotics it may be very difficult to separate ontological considerations from legal reasoning—and vice versa—both on an epistemological and social level. This calls for great caution in the recourse to anthropomorphic legal fictions. (shrink)

In this paper, we identify the way in which various forms of legal personhood can be differentiated from one another by comparing these entities with a—not too farfetched—hypothetical situation in which intelligence spontaneously evolves within the internet: spontaneous intelligence. In these terms, we consider the challenges that may arise where SI as an entity: has no owner, no designer, and no controller; has evolved into existence as a non-human created intelligence; is autonomous; has no physical form; and, although it exists (...) around the world, exists in no particular jurisdiction. Based on this refined notion of SI, we consider issues related to the recognition of such an entity’s legal personhood. By briefly exploring the attribution of legal personality to various entities—including, humans, corporations, artificial intelligence and higher forms of animal life—we differentiate SI from these other forms of intelligence whilst illustrating it shares most characteristics with human intelligence and not, as may intuitively be thought, with various forms of AI. After critically evaluating the classification of these various forms of intelligence, we briefly suggest some ramifications of these differences and suggest that the approach adopted may assist in drawing more effective boundaries between the entities that are already recognised as legal persons, as well as between sub-categories of entities, such as various forms of AI. (shrink)

Responsible Robotics is about developing robots in ways that take their social implications into account, which includes conceptually framing robots and their role in the world accurately. We are now in the process of incorporating robots into our world and we are trying to figure out what to make of them and where to put them in our conceptual, physical, economic, legal, emotional and moral world. How humans think about robots, especially humanoid social robots, which elicit complex and sometimes disconcerting (...) reactions, is not predetermined. The animal–robot analogy is one of the most commonly used in attempting to frame interactions between humans and robots and it also tends to push in the direction of blurring the distinction between humans and machines. We argue that, despite some shared characteristics, when it comes to thinking about the moral status of humanoid robots, legal liability, and the impact of treatment of humanoid robots on how humans treat one another, analogies with animals are misleading. (shrink)

The question of whether AI systems such as robots can or should be afforded moral agency or patiency is not one amenable either to discovery or simple reasoning, because we as societies constantly reconstruct our artefacts, including our ethical systems. Consequently, the place of AI systems in society is a matter of normative, not descriptive ethics. Here I start from a functionalist assumption, that ethics is the set of behaviour that maintains a society. This assumption allows me to exploit the (...) theoretical biology of sociality and autonomy to explain our moral intuitions. From this grounding I extend to consider possible ethics for maintaining either human- or of artefact-centred societies. I conclude that while constructing AI systems as either moral agents or patients is possible, neither is desirable. In particular, I argue that we are unlikely to construct a coherent ethics in which it it is ethical to afford AI moral subjectivity. We are therefore obliged not to build AI we are obliged to. (shrink)

This article explores interpersonal and human–computer interaction in the era of big data through the lens of Martin Buber’s relational ethics. Doing theory otherwise, it analyses the importance of other voices and speech through the case of digital assistants, questioning the implications of naming them ‘companions’. Following recent proposals to ascribe legal subjectivity to synthetic agents, the article explores the effects on agency, interaction with flesh-and-blood others and democracy in an attention economy enmeshed with technologies of behavioural manipulation powered by (...) users’ utterances that enable novel forms of social control by owners of the means of communication. (shrink)

The paper concerns the problem of the legal responsibility of autonomous machines. In our opinion it boils down to the question of whether such machines can be seen as real agents through the prism of folk-psychology. We argue that autonomous machines cannot be granted the status of legal agents. Although this is quite possible from purely technical point of view, since the law is a conventional tool of regulating social interactions and as such can accommodate various legislative constructs, including legal (...) responsibility of autonomous artificial agents, we believe that it would remain a mere ‘law in books’, never materializing as ‘law in action’. It is not impossible to imagine that the evolution of our conceptual apparatus will reach a stage, when autonomous robots become full-blooded moral and legal agents. However, today at least, we seem to be far from this point. (shrink)

Recent developments in AI, especially the spectacular success of Large Language models, have instigated renewed questioning of what remains distinctively human. As AI stands poised to take over more and more human tasks, what is left that distinguishes humans? One way we might identify a humanlike intelligence would be when we detect it telling lies. Yet AIs lack both the intention and the motivation to truly tell lies, instead producing merely bullshit. With neither emotions, embodiment, nor the social awareness that (...) leads to a theory of mind, AIs lack the internal referents on which to judge truth or falsity. When we are deceived by our computers, we need to look for the hidden agent who benefits from the deception. (shrink)

Rescue operations taking place in disaster settings can be fraught with ethical challenges. Further ethical challenges will likely be introduced by the use of robots, which are expected to soon become commonplace in search and rescue missions and disaster recovery efforts. To help focus timely reflection on the ethical considerations associated with the deployment of rescue robots, we have conducted a scoping review exploring the relevant academic literature following a widely recognized scoping review framework. Of the 429 papers identified by (...) the first screening, six fulfilled the selection criteria of our literature review. Quantitative data synthesis showed that a subset of the papers includes a qualitative experimental exploration of the ethical issues at hand, with workshops involving both experts and potential users. Most use simulations or scenarios to anticipate the ethical implications and other consequences of using robots in search and rescue missions. Qualitative text analysis identified seven core ethically relevant themes: fairness and discrimination; false or excessive expectations; labor replacement; privacy; responsibility; safety; trust. Our results suggest that the literature on ethics in rescue robotics is scant and disparate, but the papers identified uniformly endorsed a proactive approach to handling the ethical concerns associated with the use of robots in disaster scenarios. (shrink)

Ethicists, policy-makers, and the general public have questioned whether artificial entities such as robots warrant rights or other forms of moral consideration. There is little synthesis of the research on this topic so far. We identify 294 relevant research or discussion items in our literature review of this topic. There is widespread agreement among scholars that some artificial entities could warrant moral consideration in the future, if not also the present. The reasoning varies, such as concern for the effects on (...) artificial entities and concern for the effects on human society. Beyond the conventional consequentialist, deontological, and virtue ethicist ethical frameworks, some scholars encourage “information ethics” and “social-relational” approaches, though there are opportunities for more in-depth ethical research on the nuances of moral consideration of artificial entities. There is limited relevant empirical data collection, primarily in a few psychological studies on current moral and social attitudes of humans towards robots and other artificial entities. This suggests an important gap for psychological, sociological, economic, and organizational research on how artificial entities will be integrated into society and the factors that will determine how the interests of artificial entities are considered. (shrink)

In a friendly interdisciplinary debate, we interrogate from several vantage points the question of “personhood” in light of contemporary and near-future forms of social AI. David J. Gunkel approaches the matter from a philosophical and legal standpoint, while Jordan Wales offers reflections theological and psychological. Attending to metaphysical, moral, social, and legal understandings of personhood, we ask about the position of apparently personal artificial intelligences in our society and individual lives. Re-examining the “person” and questioning prominent construals of that category, (...) we hope to open new views upon urgent and much-discussed questions that, quite soon, may confront us in our daily lives. (shrink)

This paper discusses the risk of gross negligence manslaughter (GNM) and corporate manslaughter charges (CM) when clinicians use an artificially intelligent system’s (AIS’s) outputs in their practice. I identify the elements of these offenses within the context of the law of England and Wales and explore how they could be applied in a potential scenario where a patient's death has followed AIS use by a clinician. The risk of a conviction due to making an AIS-augmented workplace mistake highlights the non-trivial (...) nature of AIS adoption in healthcare, and that the consequences of its use must be considered by all interested parties prior to AIS adoption. (shrink)

In this paper, I outline a proposal for assigning liability for autonomous machines modeled on the doctrine of respondeat superior. I argue that the machines’ users’ or designers’ liability should be determined by the manner in which the machines are created, which, in turn, should be responsive to considerations of the machines’ welfare interests. This approach has the twin virtues of promoting socially beneficial design of machines, and of taking their potential moral patiency seriously. I then argue for abandoning the (...) retributive approach to machine crime in favor of prioritizing restitution. I argue that this shift better conforms to what justice demands when sophisticated artificial agents of uncertain moral status are concerned. (shrink)

In this paper I argue, contrary to recent literature, that it is unethical to create artificial agents possessing human-level intelligence that are programmed to be human beings’ obedient servants. In developing the argument, I concede that there are possible scenarios in which building such artificial servants is, on net, beneficial. I also concede that, on some conceptions of autonomy, it is possible to build human-level AI servants that will enjoy full-blown autonomy. Nonetheless, the main thrust of my argument is that, (...) in building such artificial agents, their creators cannot help but evince an objectionable attitude akin to the Aristotelian vice of manipulativeness. (shrink)

The first issue of Artificial Intelligence and Law journal was published in 1992. This paper offers some commentaries on papers drawn from the Journal’s third decade. They indicate a major shift within Artificial Intelligence, both generally and in AI and Law: away from symbolic techniques to those based on Machine Learning approaches, especially those based on Natural Language texts rather than feature sets. Eight papers are discussed: two concern the management and use of documents available on the World Wide Web, (...) and six apply machine learning techniques to a variety of legal applications. (shrink)

Different people have different perceptions about artificial intelligence (AI). It is extremely important to bring together all the alternative frames of thinking—from the various communities of developers, researchers, business leaders, policymakers, and citizens—to properly start acknowledging AI. This article highlights the ‘fruitful collaboration’ that sociology and AI could develop in both social and technical terms. We discuss how biases and unfairness are among the major challenges to be addressed in such a sociotechnical perspective. First, as intelligent machines reveal their nature (...) of ‘magnifying glasses’ in the automation of existing inequalities, we show how the AI technical community is calling for transparency and explainability, accountability and contestability. Not to be considered as panaceas, they all contribute to ensuring human control in novel practices that include requirement, design and development methodologies for a fairer AI. Second, we elaborate on the mounting attention for technological narratives as technology is recognized as a social practice within a specific institutional context. Not only do narratives reflect organizing visions for society, but they also are a tangible sign of the traditional lines of social, economic, and political inequalities. We conclude with a call for a diverse approach within the AI community and a richer knowledge about narratives as they help in better addressing future technical developments, public debate, and policy. AI practice is interdisciplinary by nature and it will benefit from a socio-technical perspective. (shrink)

The question of the moral status of AI and the extent to which that status ought to be recognised by societal institutions is one that has not yet received a satisfactory answer from lawyers. This paper seeks to provide a solution to the problem by defending a moral foundation for the recognition of legal personhood for AI, requiring the status to be granted should a threshold criterion be reached. The threshold proposed will be bare, noumenal agency in the Kantian sense. (...) Agency has been identified by Alan Gewirth as the source of the rights claims of our own species and, at risk of contradiction, is a foundation that must be expanded to all agents or else we contradict the foundation of our own rights. This is something that ought to be recognised through the granting of legal personhood to all noumenal agents by any system that requires such personhood for the enforcement of rights, or else the rule restricting legal personhood cannot be seen as a valid legal norm. Having laid out the case, the paper will move on to defend this natural law conception against the narrower definition of legal personhood proposed by Bryson et al. with regards to AI. It will argue that bare agency is a sufficient, though not necessary, criterion for the ascription of legal personhood in any system that sees the status as necessary for the ascription of legal rights. The paper will conclude by analysing the proposals currently making their way through the legislatures of the UK and European Union. They will be assessed for their compatibility with the claim that a functioning legal system necessarily must recognise the legal personhood of all noumenal agents regardless of their origins, and whether they are future-proofed for the possibility that AI may meet this threshold. (shrink)

Should artificial intelligences ever be included as co-authors of democratic decisions? According to the conventional view in democratic theory, the answer depends on the relationship between the political unit and the entity that is either affected or subjected to its decisions. The relational conditions for inclusion as stipulated by the all-affected and all-subjected principles determine the spatial extension of democratic inclusion. Thus, AI qualifies for democratic inclusion if and only if AI is either affected or subjected to decisions by the (...) political unit in relevant ways. This paper argues that the conventional view is too simple; that it neglects democratic reasons to recognize only agents and/or moral patients as participants in decision-making. The claim defended is that AAP and ASP implicitly affirm requirements for agency and patiency. In ASP, the entity included must be an agent understood either in terms of legal status, capacity to comply with the law or ability to recognize legitimate authority. In AAP, the entity included must be a patient, understood either in terms of capacity for sentience or consciousness. Thus, the idea here is to explore the potential democratic inclusion of artificial intelligences by an updated account of the relevant conditions of agency and patiency that are implicit in democratic theory. Although conceivable that AI is or will be either affected or subjected in relevant ways to decisions made by political units, it is far less clear that AI will ever be agents or patients in the sense required for democratic inclusion. (shrink)

For their deployment in human societies to be safe, AI agents need to be aligned with value-laden cooperative human life. One way of solving this “problem of value alignment” is to build moral machines. I argue that the goal of building moral machines aims at the wrong kind of ideal, and that instead, we need an approach to value alignment that takes seriously the categorically different cognitive and moral capabilities between human and AI agents, a condition I call deep agential (...) diversity. Domestication is the answer to a similarly structured problem: namely, how to integrate nonhuman animals that lack moral agency safely into human society and align their behavior with human values. Just like nonhuman animals, AI agents lack a genuinely moral agency; and just like nonhuman animals, we might find ways to train them to nevertheless assist us, and live and work among us – to “domesticate” them, in other words. I claim that the domestication approach does well in explaining many of our intuitions and worries about deploying AI agents in our social practices. (shrink)

Creativity is intrinsic to Humanities and STEM disciplines. In the activities of artists and engineers, for example, an attempt is made to bring something new into the world through counterfactual thinking. However, creativity in these disciplines is distinguished by differences in motivations and constraints. For example, engineers typically direct their creativity toward building solutions to practical problems, whereas the outcomes of artistic creativity, which are largely useless to practical purposes, aspire to enrich the world aesthetically and conceptually. In this essay, (...) an artist (DHS) and a roboticist (GS) engage in a cross-disciplinary conceptual analysis of the creative problem of artificial consciousness in a robot, expressing the counterfactual thinking necessitated by the problem, as well as disciplinary differences in motivations, constraints, and applications. We especially deal with the question of why one would build an artificial consciousness and we consider how an illusionist theory of consciousness alters prominent ethical debates on synthetic consciousness. We discuss theories of consciousness and their applicability to synthetic consciousness. We discuss practical approaches to implementing artificial consciousness in a robot and conclude by considering the role of creativity in the project of developing an artificial consciousness. (shrink)

On 16 February 2017, the European Parliament made recommendations to the Commission about civil law rules on robotics, including a proposal to design a specific legal personality for autonomous robots and most sophisticated Artificial Intelligences with the capacity to make decisions and interact with third parties. Although the recent European Union’s Artificial Intelligence Act presents notable advances on supervision, surveillance, control and registration in this field, the question of legal personality remains an open issue. In order to design a specific (...) concept along the lines of the European Parliament’s proposal and to make further progress along this legal line, the classical concept of legal person devised by Sinibaldo Fieschi is an essential reference. (shrink)