Legal Fictions and the Essence of Robots: Thoughts on Essentialism and Pragmatism in the Regulation of Robotics

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

Equality of Arms in the Digital Age

Electronic commerce is important, and perhaps, inevitable. Thus to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this paper argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of online alternative dispute resolution (OADR) can maximise the growth of e-commerce

Dialogue between the technologist and the theologian on electronic personality

Contemporary efforts to protect the rights of robots as electronic personalities point to the existence of a semantic noise in understanding the notion of personality. Starting from the view of robots who have technologists and considering the perception of robot as a personality in the public space, this paper discusses the necessity of dialogue between technologists and theologians in eliminating semantic noises. The thesis is that such a dialogue should start with the question of the contemporary man's goals in terms about category of time, which would make it possible to better understand the question of intersubjectivity on the plan of the electronic personality semantics in dissociative space of modern mediation between the subject and the posthumanism world.Project SOW is organized by the Institute of Historical Research of the National Hellenic Research Foundation

ELECTRONIC JURISDICTION, METAVERSE, ARTIFICIAL INTELLIGENCE, DIGITAL PERSONALITY, DIGITAL AVATAR, NEURAL NETWORKS: THEORY, PRACTICE, PERSPECTIVE

Scientific and technological revolution 4.0 (The Fourth Industrial Revolution) has created a huge window of opportunity for a variety of creative technologies. At the same time it launched the emergence and development of modern social relations in the electronic space - the metaverse. In fact, today all the prerequisites for the scientific and technological revolution 5.0 and social revolution 5.0, which radically changes the role of human in the social structure, while changing the social structure, creating new social groups, social institutions, electronic ecosystems and metaverse. Modern social relations in the electronic space are multi-vector and can be divided according to the variety of objects, subjects and characteristics of the relationship between them, namely: the subjective and object basis of identification of social relations. Thus, the subjective basis for the identification of social relations is the social communities of people, and the object one is information and communication technologies and its products. Legal science is a social science, as it performs gnoseological and heuristic functions that determine the direction of scientific research and scientific predictions, studying the relations between people, groups of people, people and state institutions. The results of research are practical improvement of legislation on a scientific basis, development of draft normative legal acts, scientific examinations, etc.However, the current practice indicates that modern laws are created very slowly, without necessary and sufficient detaliztion of terms and basic concepts.It is difficult to overestimate the correctness, accuracy and consistency with the current legislation of definitions of legal terms. Unfortunately, the current legislation is unable to regulate public relations, which are rapidly evolving in the electronic space using digital technologies, artificial intelligence, Internet of Things (IoT), digital identity, digital avatars and other technologies, especially those that may restrict human rights and freedom. In fact, along with the creation of new social relations in the metaverse, it is necessary to create an electronic jurisdiction - the scope of application of opportunities by the subject of competence or the sphere to which the right applies.The author’s definitions "metaverse (cyberspace)", "electronic avatar", "electronic personality", "electronic jurisdiction", "cybercrime", "kidnapping of electronic avatar or electronic personality", "artificial intelligence" and "neural networks" are proposed in the article.Six postulates of the main directions of development of social relations with the use of technologies of the metaverse, artificial intelligence, artificial neural networks, robotic systems, medical and military lost products and devices are formed.Proposals for the creation of a comprehensive electronic jurisdiction, conceptual and categorical apparatus, definition of subjects and objects, rights, duties and responsibilities in the metaverse and in the use of artificial intelligence technologies, artificial neural networks, robots, etc. are provided.Scientific and technological revolution 4.0 (The Fourth Industrial Revolution) has created a huge window of opportunity for a variety of creative technologies. At the same time it launched the emergence and development of modern social relations in the electronic space - the metaverse. In fact, today all the prerequisites for the scientific and technological revolution 5.0 and social revolution 5.0, which radically changes the role of human in the social structure, while changing the social structure, creating new social groups, social institutions, electronic ecosystems and metaverse. Modern social relations in the electronic space are multi-vector and can be divided according to the variety of objects, subjects and characteristics of the relationship between them, namely: the subjective and object basis of identification of social relations. Thus, the subjective basis for the identification of social relations is the social communities of people, and the object one is information and communication technologies and its products. Legal science is a social science, as it performs gnoseological and heuristic functions that determine the direction of scientific research and scientific predictions, studying the relations between people, groups of people, people and state institutions. The results of research are practical improvement of legislation on a scientific basis, development of draft normative legal acts, scientific examinations, etc.However, the current practice indicates that modern laws are created very slowly, without necessary and sufficient detaliztion of terms and basic concepts.It is difficult to overestimate the correctness, accuracy and consistency with the current legislation of definitions of legal terms. Unfortunately, the current legislation is unable to regulate public relations, which are rapidly evolving in the electronic space using digital technologies, artificial intelligence, Internet of Things (IoT), digital identity, digital avatars and other technologies, especially those that may restrict human rights and freedom. In fact, along with the creation of new social relations in the metaverse, it is necessary to create an electronic jurisdiction - the scope of application of opportunities by the subject of competence or the sphere to which the right applies.The author’s definitions "metaverse (cyberspace)", "electronic avatar", "electronic personality", "electronic jurisdiction", "cybercrime", "kidnapping of electronic avatar or electronic personality", "artificial intelligence" and "neural networks" are proposed in the article.Six postulates of the main directions of development of social relations with the use of technologies of the metaverse, artificial intelligence, artificial neural networks, robotic systems, medical and military lost products and devices are formed.Proposals for the creation of a comprehensive electronic jurisdiction, conceptual and categorical apparatus, definition of subjects and objects, rights, duties and responsibilities in the metaverse and in the use of artificial intelligence technologies, artificial neural networks, robots, etc. are provided

Internet Characteristics and Online Alternative Dispute Resolution

Electronic commerce is important, and perhaps, inevitable. Thus, to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this thesis argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of Online Alternative Dispute Resolution (OADR) can maximize the growth of e-commerce

October 2021

Canvas is introducing New Quizzes, which will be a change in the way quizzes are developed. Be looking for training from CETL to help navigate the transition! The Instructional Excellence Academy is under construction! Class Five of the Instructional Excellence Academy will be launching in 2022! New direction, new format, and new information will be the focus of the revisions. More about the change in the coming months

July 2019

Please welcome Lisa Friesen as CETL’s new Director beginning July 1, 2019. I will be retiring at the end of June. I have enjoyed working with each of you during my 31 years at SWOSU. - Marc

Research on Legal Risks and Legal Regulations of Autonomous Driving from the Perspective of Civil Law

In recent years, artificial intelligence has been widely used in various fields of social production and daily life. Methods to promote artificial intelligence and its active integration into social life has caused fierce disputes in the scientific and technological circles and legal circles. Autonomous driving technology is a type of artificial intelligence technology. As these technologies have achieved breakthrough development, the risks of legal subject qualification and legal liability also follow. Regarding the issue of liability for the damages caused by autonomous driving, the current legal system does not involve this aspect. Whether autonomous vehicles can be applied to the determination of tort liability for traditional vehicles is worthy of in-depth discussion in the academic community. This article analyzes the possible legal risks of autonomous driving from the perspectives of legal subject qualifications, tort liability, and privacy rights. Moreover, it assesses approaches to regulate the corresponding risks from the perspectives of ethics, responsibility sharing, and privacy protection to promote the healthy development of autonomous driving. Keywords: Autonomous driving, legal risk, legal regulation DOI: 10.7176/JLPG/108-02 Publication date: April 30th 202