The intense and polemical debate over the legality and morality of weapons systems to which human cognitive functions are delegated (up to and including the capacity to select targets and release weapons without further human intervention) addresses a phenomena which does not yet exist but which is widely claimed to be emergent. This groundbreaking collection combines contributions from roboticists, legal scholars, philosophers and sociologists of science in order to recast the debate in a manner that clarifies key areas and articulates (...) questions for future research. The contributors develop insights with direct policy relevance, including who bears responsibility for autonomous weapons systems, whether they would violate fundamental ethical and legal norms, and how to regulate their development. It is essential reading for those concerned about this emerging phenomenon and its consequences for the future of humanity. (shrink)

This reissue was first published in 1978. Anthony Kenny, one of the most distinguished philosophers in England, explores the notion of responsibility and the precise place of the mental element in criminal actions. Bringing the insights of recent philosophy of mind to bear on contemporary developments in criminal law, he writes with the general reader in mind, no specialist training in philosophy being necessary to appreciate his argument. Kenny shows that abstract distinctions drawn by analytic philosophers are relevant to decisions (...) in matters of life and death, and illustrates the philosophical argument throughout by reference to actual legal cases. The topics he covers are of wide general interest and include: _mens rea_ and mental health, strict liability, freedom and determinism, duress and necessity, intoxication and irresistible impulse, intention and purpose, murder and rape, punishment and deterrence, witchcraft and supernatural beliefs. (shrink)

One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such (...) a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of. (shrink)

The human brain has some capabilities that the brains of other animals lack. It is to these distinctive capabilities that our species owes its dominant position. Other animals have stronger muscles or sharper claws, but we have cleverer brains. If machine brains one day come to surpass human brains in general intelligence, then this new superintelligence could become very powerful. As the fate of the gorillas now depends more on us humans than on the gorillas themselves, so the fate of (...) our species then would come to depend on the actions of the machine superintelligence. But we have one advantage: we get to make the first move. Will it be possible to construct a seed AI or otherwise to engineer initial conditions so as to make an intelligence explosion survivable? How could one achieve a controlled detonation? To get closer to an answer to this question, we must make our way through a fascinating landscape of topics and considerations. Read the book and learn about oracles, genies, singletons; about boxing methods, tripwires, and mind crime; about humanity's cosmic endowment and differential technological development; indirect normativity, instrumental convergence, whole brain emulation and technology couplings; Malthusian economics and dystopian evolution; artificial intelligence, and biological cognitive enhancement, and collective intelligence. (shrink)

This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

Discusses the scientific potential represented by intelligent machines and their social implications.

I LAW AND NATURE i. The "Pure" Theory The Pure Theory of Law is a theory of positive law. It is a theory of positive law in general, not of a specific legal ...

What happens to our conception of mind and rational agency when we take seriously future-directed intentions and plans and their roles as inputs into further practical reasoning? The author's initial efforts in responding to this question resulted in a series of papers that he wrote during the early 1980s. In this book, Bratman develops further some of the main themes of these essays and also explores a variety of related ideas and issues. He develops a planning theory of intention. Intentions (...) are treated as elements of partial plans of action. These plans play basic roles in practical reasoning, roles that support the organization of our activities over time and socially. Bratman explores the impact of this approach on a wide range of issues, including the relation between intention and intentional action, and the distinction between intended and expected effects of what one intends. (shrink)

The Province of Jurisprudence Determined (1832) is a classic of nineteenth-century English jurisprudence, a subject on which Austin had a profound impact. His book is primarily concerned with a meticulous explanation of most of the core concepts of his legal philosophy, including his conception of law, his separation of law and morality, and his theory of sovereignty. Almost a quarter of it consists of an interpretation and defence of the principle of utility. This edition includes the complete and unabridged text (...) of the fifth (1885) and last edition. The comprehensive introduction discusses Austin's life, the main themes of his book, leading criticisms of his ideas, and recent interpretations of his legal philosophy. The edition also includes an up-to-date bibliography and biographical synopses of the principal figures mentioned in the text. (shrink)

This article considers whether psychopaths should be held criminally responsible. After describing the positive law of criminal responsibility in general and as it applies to psychopaths, it suggests that psychopaths lack moral rationality and that severe psychopaths should be excused from crimes that violate the moral rights of others. Alternative forms of social control for dangerous psychopaths, such as involuntary civil commitment, are considered, and the potential legal implications of future scientific understanding of psychopathy are addressed.

Artificial agents (AAs), particularly but not only those in Cyberspace, extend the class of entities that can be involved in moral situations. For they can be conceived of as moral patients (as entities that can be acted upon for good or evil) and also as moral agents (as entities that can perform actions, again for good or evil). In this paper, we clarify the concept of agent and go on to separate the concerns of morality and responsibility of agents (most (...) interestingly for us, of AAs). We conclude that there is substantial and important scope, particularly in Computer Ethics, for the concept of moral agent not necessarily exhibiting free will, mental states or responsibility. This complements the more traditional approach, common at least since Montaigne and Descartes, which considers whether or not (artificial) agents have mental states, feelings, emotions and so on. By focussing directly on mind-less morality we are able to avoid that question and also many of the concerns of Artificial Intelligence. A vital component in our approach is the Method of Abstraction for analysing the level of abstraction (LoA) at which an agent is considered to act. The LoA is determined by the way in which one chooses to describe, analyse and discuss a system and its context. The Method of Abstraction is explained in terms of an interface or set of features or observables at a given LoA. Agenthood, and in particular moral agenthood, depends on a LoA. Our guidelines for agenthood are: interactivity (response to stimulus by change of state), autonomy (ability to change state without stimulus) and adaptability (ability to change the transition rules by which state is changed) at a given LoA. Morality may be thought of as a threshold defined on the observables in the interface determining the LoA under consideration. An agent is morally good if its actions all respect that threshold; and it is morally evil if some action violates it. That view is particularly informative when the agent constitutes a software or digital system, and the observables are numerical. Finally we review the consequences for Computer Ethics of our approach. In conclusion, this approach facilitates the discussion of the morality of agents not only in Cyberspace but also in the biosphere, where animals can be considered moral agents without their having to display free will, emotions or mental states, and in social contexts, where systems like organizations can play the role of moral agents. The primary cost of this facility is the extension of the class of agents and moral agents to embrace AAs. (shrink)

This book explores how the design, construction, and use of robotics technology may affect today's legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of "hard cases." General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), personal (...) accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships. (shrink)

Artificial Intelligence: A Modern Approach, 3e offers the most comprehensive, up-to-date introduction to the theory and practice of artificial intelligence. Number one in its field, this textbook is ideal for one or two-semester, undergraduate or graduate-level courses in Artificial Intelligence. Dr. Peter Norvig, contributing Artificial Intelligence author and Professor Sebastian Thrun, a Pearson author are offering a free online course at Stanford University on artificial intelligence. According to an article in The New York Times, the course on artificial intelligence is (...) “one of three being offered experimentally by the Stanford computer science department to extend technology knowledge and skills beyond this elite campus to the entire world.” One of the other two courses, an introduction to database software, is being taught by Pearson author Dr. Jennifer Widom. Artificial Intelligence: A Modern Approach, 3e is available to purchase as an eText for your Kindle™, NOOK™, and the iPhone®/iPad®. (shrink)

Artificial intelligence research and regulation seek to balance the benefits of innovation against any potential harms and disruption. However, one unintended consequence of the recent surge in AI research is the potential re-orientation of AI technologies to facilitate criminal acts, term in this article AI-Crime. AIC is theoretically feasible thanks to published experiments in automating fraud targeted at social media users, as well as demonstrations of AI-driven manipulation of simulated markets. However, because AIC is still a relatively young and inherently (...) interdisciplinary area—spanning socio-legal studies to formal science—there is little certainty of what an AIC future might look like. This article offers the first systematic, interdisciplinary literature analysis of the foreseeable threats of AIC, providing ethicists, policy-makers, and law enforcement organisations with a synthesis of the current problems, and a possible solution space. (shrink)

The chapter argues that the traditional theories of legal personhood, which associate legal personhood with the holding of rights, are outdated and should be reassessed. Many modern theories of rights come into conflict with our convictions regarding who or what is a legal person. For instance, most jurists would agree that foetuses are not natural persons but new-born children are. However, if we apply the so-called interest theory of rights, we will note that foetuses hold various rights, such as rights (...) against certain forms of abortion. If right-holding entails legal personality, then foetuses are already legal persons. On the other hand, if we apply the will theory, which associates right-holding with the power to control others’ duties, then infants do not hold any rights at all – and are consequently not legal persons. This is why the chapter outlines an alternative theory of legal personhood. The main tenets of the theory are: (1) legal personality is not binary but rather a matter of degree, and (2) X’s legal personality involves primarily the endowment of X with incidents of legal personhood, much like ownership can be understood as consisting of separate but interconnected incidents. Rather than being a “solved” theoretical issue, the definition of legal personhood should occupy theorists more in the future. (shrink)

This edited work collates novel contributions on contemporary topics that are related to human rights. The essays address analytic-descriptive questions, such as what legal personality actually means, and normative questions, such as who or what should be recognised as a legal person. As is well-known among jurists, the law has a special conception of personhood: corporations are persons, whereas slaves have traditionally been considered property rather than persons. This odd state of affairs has not garnered the interest of legal theorists (...) for a while and the theory of legal personhood has been a relatively peripheral topic in jurisprudence for at least 50 years. As readers will see, there have recently been many developments and debates that justify a theoretical investigation of this topic. Animal rights activists have been demanding that some animals be recognized as legal persons. The field of robotics has prompted questions about driverless cars: should they be granted a limited legal personality, so that the car itself would be responsible for damages? This book explores such concepts and touches on matters of bioethics, animal law and medical law. It includes matters of legal history and appeals to both legal scholars and philosophers, especially those with an interest in theories of law and the philosophy of law. (shrink)

Provides an integrated introduction to artificial intelligence. Develops AI representation schemes and describes their uses for diverse applications, from autonomous robots to diagnostic assistants to infobots. DLC: Artificial intelligence.

As arti® cial intelligence moves ever closer to the goal of producing fully autonomous agents, the question of how to design and implement an arti® cial moral agent (AMA) becomes increasingly pressing. Robots possessing autonomous capacities to do things that are useful to humans will also have the capacity to do things that are harmful to humans and other sentient beings. Theoretical challenges to developing arti® cial moral agents result both from controversies among ethicists about moral theory itself, and from (...) computational limits to the implementation of such theories. In this paper the ethical disputes are surveyed, the possibility of a `moral Turing Test ’ is considered and the computational di culties accompanying the diŒerent types of approach are assessed. Human-like performance, which is prone to include immoral actions, may not be acceptable in machines, but moral perfection may be computationally unattainable. The risks posed by autonomous machines ignorantly or deliberately harming people and other sentient beings are great. The development of machines with enough intelligence to assess the eŒects of their actions on sentient beings and act accordingly may ultimately be the most important task faced by the designers of arti® cially intelligent automata. (shrink)

John Fischer and Mark Ravizza defend in this book a painstakingly constructed analysis of what they take to be a core condition of moral responsibility: the notion of guidance control. The volume usefully collects in one place ideas and arguments the authors have previously published in singly or jointly authored works on this and related topics, as well as various refinements to those views and some suggestive discussions that aim to show how their account of guidance control might fit into (...) a more comprehensive account of moral responsibility. (shrink)

I shall argue that software agents can be attributed cognitive states, since their behaviour can be best understood by adopting the intentional stance. These cognitive states are legally relevant when agents are delegated by their users to engage, without users’ review, in choices based on their the agents’ own knowledge. Consequently, both with regard to torts and to contracts, legal rules designed for humans can also be applied to software agents, even though the latter do not have rights and duties (...) of their own. The implications of this approach in different areas of the law are then discussed, in particular with regard to contracts, torts, and personality. (shrink)

Could an artificial intelligence become a legal person? As of today, this question is only theoretical. No existing computer program currently possesses the sort of capacities that would justify serious judicial inquiry into the question of legal personhood. The question is nonetheless of some interest. Cognitive science begins with the assumption that the nature of human intelligence is computational, and therefore, that the human mind can, in principle, be modelled as a program that runs on a computer. Artificial intelligence (AI) (...) research attempts to develop such models. But even as cognitive science has displaced behavioralism as the dominant paradigm for investigating the human mind, fundamental questions about the very possibility of artificial intelligence continue to be debated. This Essay explores those questions through a series of thought experiments that transform the theoretical question whether artificial intelligence is possible into legal questions such as, "Could an artificial intelligence serve as a trustee?" What is the relevance of these legal thought experiments for the debate over the possibility of artificial intelligence? A preliminary answer to this question has two parts. First, putting the AI debate in a concrete legal context acts as a pragmatic Occam's razor. By reexamining positions taken in cognitive science or the philosophy of artificial intelligence as legal arguments, we are forced to see them anew in a relentlessly pragmatic context. Philosophical claims that no program running on a digital computer could really be intelligent are put into a context that requires us to take a hard look at just what practical importance the missing reality could have for the way we speak and conduct our affairs. In other words, the legal context provides a way to ask for the "cash value" of the arguments. The hypothesis developed in this Essay is that only some of the claims made in the debate over the possibility of AI do make a pragmatic difference, and it is pragmatic differences that ought to be decisive. Second, and more controversially, we can view the legal system as a repository of knowledge-a formal accumulation of practical judgments. The law embodies core insights about the way the world works and how we evaluate it. Moreover, in common-law systems judges strive to decide particular cases in a way that best fits the legal landscape-the prior cases, the statutory law, and the constitution. Hence, transforming the abstract debate over the possibility of AI into an imagined hard case forces us to check our intuitions and arguments against the assumptions that underlie social decisions made in many other contexts. By using a thought experiment that explicitly focuses on wide coherence, we increase the chance that the positions we eventually adopt will be in reflective equilibrium with our views about related matters. In addition, the law embodies practical knowledge in a form that is subject to public examination and discussion. Legal materials are published and subject to widespread public scrutiny and discussion. Some of the insights gleaned in the law may clarify our approach to the artificial intelligence debate. (shrink)

Only paperback edition of great legal classic. Lucid, accessible coverage of liability, criminal law, torts, contracts, more, from historical perspective. New introduction by Sheldon M. Novick. Table of Cases.

Drawing on philosophy, law and political science, and on a wealth of practical experience delivering emergency medical services in conflict-ridden settings, Lepora and Goodin untangle the complexities surrounding compromise and complicity.

As non-biological machines come to be designed in ways which exhibit characteristics comparable to human mental states, the manner in which the law treats these entities will become increasingly important both to designers and to society at large. The direct question will become whether, given certain attributes, a non-biological machine could ever be viewed as a legal person. In order to begin to understand the ramifications of this question, this paper starts by exploring the distinction between the related concepts of (...) human, person, and property. Once it is understood that person in the legal sense can apply to a non-biological entity such as a corporation, the inquiry then goes on to examine the folk psychology view of intentionality and the concept of autonomy. The conclusion reached is that these two attributes can support the view that a non-biological machine, at least in theory, can be viewed as a legal person. (shrink)

This reissue was first published in 1978. Anthony Kenny, one of the most distinguished philosophers in England, explores the notion of responsibility and the precise place of the mental element in criminal actions. Bringing the insights of recent philosophy of mind to bear on contemporary developments in criminal law, he writes with the general reader in mind, no specialist training in philosophy being necessary to appreciate his argument. Kenny shows that abstract distinctions drawn by analytic philosophers are relevant to decisions (...) in matters of life and death, and illustrates the philosophical argument throughout by reference to actual legal cases. The topics he covers are of wide general interest and include: mens rea and mental health, strict liability, freedom and determinism, duress and necessity, intoxication and irresistible impulse, intention and purpose, murder and rape, punishment and deterrence, witchcraft and supernatural beliefs. (shrink)

Medical complicity in torture is prohibited by international law and codes of professional ethics. But in the many countries in which torture is common, doctors frequently are expected to assist unethical acts that they are unable to prevent. Sometimes these doctors face a dilemma: they are asked to provide diagnoses or treatments that respond to genuine health needs but that also make further torture more likely or more effective. The duty to avoid complicity in torture then comes into conflict with (...) the doctor’s duty to care for patients. Sometimes the right thing for a doctor to do requires complicity in torture. Whether this is the case depends on: the expected consequences of the doctor’s actions; the wishes of the patient; and the extent of the doctor’s complicity with wrongdoing. Medical associations can support physicians who face this dilemma while maintaining a commitment to clear principles denouncing torture. (shrink)