The rule of law offers legal certainty, laying down boundaries to the state's playing field. The precautionary approach stipulates that the absence of scientific certainty is no reason not to act to prevent harm. Here, uncertainty frames action. The precautionary approach potentially expands the state's playing field, and this expansion might well undermine the precepts of the rule of law. The certainty-uncertainty axis exposes a tension between the rule of law and the precautionary approach in what Ulrich Beck has termed (...) the world risk society in second modernity. It is this tension that is the focus of analysis in this article. (shrink)

This article argues that existing approaches to programming ethical AI fail to resolve a serious moral-semantic trilemma, generating interpretations of ethical requirements that are either too semantically strict, too semantically flexible, or overly unpredictable. This paper then illustrates the trilemma utilizing a recently proposed ‘general ethical dilemma analyzer,’ GenEth. Finally, it uses empirical evidence to argue that human beings resolve the semantic trilemma using general cognitive and motivational processes involving ‘mental time-travel,’ whereby we simulate different possible pasts and futures. I (...) demonstrate how mental time-travel psychology leads us to resolve the semantic trilemma through a six-step process of interpersonal negotiation and renegotiation, and then conclude by showing how comparative advantages in processing power would plausibly cause AI to use similar processes to solve the semantic trilemma more reliably than we do, leading AI to make better moral-semantic choices than humans do by our very own lights. (shrink)