Abstract
The law is developed by human beings, for human beings, in legal terms, for “natural persons”. But during the development of the law in the long journey from the Roman legal system until our modern law system many things have changed. Natural persons are not the only players in the legal system of today. Large and smaller enterprises, organizations and state entities are performing all kinds of legal acts, as legal persons they can be held liable for the things they do. What about intelligence machines that can perform autonomous or semi-autonomous tasks? What about an advanced operating system where human control is hardly noticeable? What about drones operating independently? Are they liable for their acts and, most important, their mistakes? What about the laser cut that went wrong because of a disturbance in the internet that the surgeon did not control? Is the man behind the screen always the responsible party, even if he is not behind the screen? This article will discuss these ongoing questions.
I pity inanimate objects…
The frustrations of being inanimate
Maybe it’s better that way
the fewer the moving parts
the less there is to go wrong
Godley & Crème (Freeze frame).
This is a preview of subscription content, log in via an institution.
Buying options
Tax calculation will be finalised at checkout
Purchases are for personal use only
Learn about institutional subscriptionsNotes
- 1.
In the U.S. there are differences. For instance, a person in Ohio, Nevada or Tennessee can become an adult after graduation from high school, whichever comes first.
- 2.
Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on Electronic Commerce’).
- 3.
These obligations are integrated in Dutch law in article 3:15 Civil Code.
- 4.
Although the weapon industry and cigarette industry are blamed for killing people, this is more based on the responsibility of the industry and the people who control the companies.
References
Asimov I (2004) I-Robot. Bantam Books, New York
Bodin J (1955) Les Six Livres de La Republique (Trans: Tooley MJ). Blackwell, Oxford
Boonk M (2013) Zeker over zoeken? Dissertation, University of Amsterdam
Catholic Church, Paul II PJ (1995) Catechism of the catholic church. Christus Rex et Redemptor Mundi
Dewey J (1926) The historic background of corporate legal personality. Yale Law J 35:655–673
E-commerce Directive (2000) http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32000L0031
Geldart WM (1911) Legal Personality. Legal Quart Rev 27:90
Kaser M, Bernard F, Wubbe J (1971) Romeins Privaatrecht. Tjeenk Willink, Enschede
Mayer CJ (1989) Personalizing the impersonal: corporations and the bill of rights. Hastings Law J 41:577–677
Pagallo U (2013) Robots in the cloud with privacy: a new threat to data protection? Comput Law Secur Rev 29:501–508
Pirenne J (1939) Histoire Des Instutions et Des Droit Privé de L’ancien Egypte. Édition de la Fondation Egyptologique Reine Elisabeth, Brussel II
Voulon M (2010) Automatisch contracteren. Doctoral Dissertation, University of Amsterdam
Suggested Readings
Bill of Rights of the Congress of the United States of America. http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
Dutch Civil Code. (http://www.dutchcivillaw.com/civilcodebook01.htm)
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2015 Springer International Publishing Switzerland
About this chapter
Cite this chapter
van den Hoven van Genderen, R. (2015). Machine Medical Ethics and Robot Law: Legal Necessity or Science Fiction?. In: van Rysewyk, S., Pontier, M. (eds) Machine Medical Ethics. Intelligent Systems, Control and Automation: Science and Engineering, vol 74. Springer, Cham. https://doi.org/10.1007/978-3-319-08108-3_11
Download citation
DOI: https://doi.org/10.1007/978-3-319-08108-3_11
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-319-08107-6
Online ISBN: 978-3-319-08108-3
eBook Packages: EngineeringEngineering (R0)